28-2-805. Burden of proof of want of consideration. The burden of showing a want of consideration sufficient to support an instrument lies with the party seeking to invalidate or avoid it.
History: En. Sec. 2170, Civ. C. 1895; re-en. Sec. 5011, Rev. C. 1907; re-en. Sec. 7513, R.C.M. 1921; Cal. Civ. C. Sec. 1615; re-en. Sec. 7513, R.C.M. 1935; R.C.M. 1947, 13-511.
Structure Montana Code Annotated
Title 28. Contracts and Other Obligations
28-2-801. What constitutes good consideration
28-2-802. Extent to which existing legal or moral obligation is good consideration
28-2-803. Consideration to be lawful -- effect of illegality
28-2-804. Written instrument presumptive evidence of consideration
28-2-805. Burden of proof of want of consideration
28-2-806. through 28-2-810 reserved
28-2-811. Applicability of rules concerning object to executory consideration
28-2-812. How amount of executory consideration may be determined
28-2-813. Determination by interested party
28-2-814. Effect of impossibility of designated exclusive method of determination