28-2-902. Enforcement of contract not in writing through fraud. Where a contract that is required by law to be in writing is prevented from being put into writing by the fraud of a party to the contract, any other party who is by the fraud led to believe that the contract is in writing and acts upon that belief to the party's prejudice may enforce it against the fraudulent party.
History: En. Sec. 2184, Civ. C. 1895; re-en. Sec. 5016, Rev. C. 1907; re-en. Sec. 7518, R.C.M. 1921; Cal. Civ. C. Sec. 1623; Field Civ. C. Sec. 793; re-en. Sec. 7518, R.C.M. 1935; R.C.M. 1947, 13-605; amd. Sec. 785, Ch. 56, L. 2009.
Structure Montana Code Annotated
Title 28. Contracts and Other Obligations
28-2-901. When contracts may be oral
28-2-902. Enforcement of contract not in writing through fraud
28-2-903. What contracts must be in writing
28-2-904. Effect of written contract on oral agreements
28-2-905. When extrinsic evidence concerning a written agreement may be considered
28-2-906. When written contract takes effect
28-2-907. Applicability of rules concerning transfers in general