28-2-1613. Scope of court's inquiry. In revising a written instrument, the court may inquire what the instrument was intended to mean and what were intended to be its legal consequences and is not confined to the inquiry what the language of the instrument was intended to be.
History: En. Sec. 4432, Civ. C. 1895; re-en. Sec. 6110, Rev. C. 1907; re-en. Sec. 8728, R.C.M. 1921; Cal. Civ. C. Sec. 3401; Field Civ. C. Sec. 1901; re-en. Sec. 8728, R.C.M. 1935; R.C.M. 1947, 17-903.
Structure Montana Code Annotated
Title 28. Contracts and Other Obligations
Part 16. Modification of Contracts
28-2-1601. Alteration of oral contract by parties
28-2-1602. How written contract may be altered by parties
28-2-1603. through 28-2-1610 reserved
28-2-1611. When written contract may be revised by court
28-2-1612. Presumption that parties intended equitable agreement