28-11-216. Effect of part performance on guarantor's liability. The acceptance by a creditor of anything in partial satisfaction of an obligation reduces the obligation of a guarantor thereof in the same measure as that of the principal but does not otherwise affect it.
History: En. Sec. 3653, Civ. C. 1895; re-en. Sec. 5676, Rev. C. 1907; re-en. Sec. 8191, R.C.M. 1921; Cal. Civ. C. Sec. 2822; Field Civ. C. Sec. 1554; re-en. Sec. 8191, R.C.M. 1935; R.C.M. 1947, 30-211.
Structure Montana Code Annotated
Title 28. Contracts and Other Obligations
Chapter 11. Guaranty, Indemnity, and Suretyship
Part 2. Guaranty -- Liability and Exoneration of Guarantor
28-11-201. Obligation of guarantor not to exceed that of principal
28-11-202. Liability under guaranty of incomplete contract
28-11-203. Liability under guaranty of illegal contract or contract void against principal
28-11-204. Liability under guaranty that obligation is good or collectible
28-11-205. When guarantor of payment or performance becomes liable
28-11-206. Liability upon guaranty of conditional obligation -- notice of default
28-11-207. through 28-11-210 reserved
28-11-211. When guarantor exonerated
28-11-212. Rescission of alteration -- liability not restored
28-11-213. Guarantor not exonerated by delay of creditor
28-11-214. Guarantor not exonerated by discharge of principal
28-11-215. Exoneration of guarantor indemnified by principal
28-11-216. Effect of part performance on guarantor's liability