70-4-205. Owner of materials wrongfully used -- election of remedies. If a person whose material has been used without the person's knowledge in order to form a product of a different description can claim an interest in the product, the person has an option to demand either restitution of the person's material in kind, in the same quantity, weight, measure, and quality, or the value of the material or, if the person is entitled to the product, the value of the product in place of the product.
History: En. Sec. 1417, Civ. C. 1895; re-en. Sec. 4586, Rev. C. 1907; re-en. Sec. 6833, R.C.M. 1921; Cal. Civ. C. Sec. 1032; Field Civ. C. Sec. 456; re-en. Sec. 6833, R.C.M. 1935; R.C.M. 1947, 67-1408; amd. Sec. 2068, Ch. 56, L. 2009.
Structure Montana Code Annotated
Chapter 4. Accession and Intermixture Personal Property
Part 2. Uniting of Materials -- Workmanship
70-4-201. Use of materials belonging to another -- reimbursement
70-4-202. Uniting of materials of maker and other
70-4-203. Uniting of materials of several owners
70-4-204. Use of materials without consent -- owner prevails
70-4-205. Owner of materials wrongfully used -- election of remedies