28-3-703. When promise presumed to be joint and several. (1) Where all the parties who unite in a promise receive some benefit from the consideration, whether past or present, their promise is presumed to be joint and several.
(2) A promise made in the singular number but executed by several persons is presumed to be joint and several.
History: En. Secs. 2224, 2225, Civ. C. 1895; re-en. Secs. 5048, 5049, Rev. C. 1907; re-en. Secs. 7550, 7551, R.C.M. 1921; Cal. Civ. C. Secs. 1659, 1660; Field Civ. C. Secs. 824, 825; re-en. Secs. 7550, 7551, R.C.M. 1935; R.C.M. 1947, 13-725, 13-726.
Structure Montana Code Annotated
Title 28. Contracts and Other Obligations
Chapter 3. Interpretation of Contracts
Part 7. Provisions Implied by Law
28-3-701. Stipulations necessary for reasonableness or conformity to usage
28-3-702. Necessary and incidental terms
28-3-703. When promise presumed to be joint and several
28-3-704. Contractual right to attorney fees treated as reciprocal -- exception