reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 21. Payment of Construction Contractors and Subcontractors › 28-2-2115. Alternative billing cycle

28-2-2115. Alternative billing cycle.
(1) A construction contract may provide for a billing cycle other than a monthly billing cycle if the construction contract specifically sets forth another billing cycle and either of the following applies:
(a) a notice in substantially the following form, setting forth the other billing cycle, appears in clear and conspicuous type in the "Information for Bidders" section of the construction documents:
Notice of Alternate Billing Cycle
This contract allows the owner to require the submission of payment requests in billing cycles other than once a month. Payment requests for this contract must be submitted as follows: __________________________________________________ ___________________________________________________ ___________________________________________________; or
(b) a notice in substantially the following form, setting forth the other billing cycle, appears in clear and conspicuous type in the "Information for Bidders" section of the construction documents:
Notice of Alternate Billing Cycle
This contract allows the owner to require the submission of payment requests in billing cycles other than once a month. A written description of the other billing cycle applicable to the project is available from the owner or the owner's designated agent at (telephone number or address, or both), and the owner or the owner's designated agent must provide this written description on request.
(2) An owner may change the number of days to approve a contractor's payment request to later than 21 days after the date the payment request is submitted if:
(a) the construction contract in a clear and conspicuous manner specifically provides for a later approval date defined by a specified number of days after the payment request is submitted; and
(b) a notice in substantially the following form, setting forth the specified number of days, appears in clear and conspicuous type in the "Information for Bidders" section of the construction documents:
Notice of Approval of Payment Request Provision
This contract allows the owner to approve the contractor's payment request within ___ days after it is received by the owner.
(3) An owner may make payments later than 7 days after the date that the contractor's request for payment is approved if:
(a) the construction contract in a clear and conspicuous manner specifically provides for a later payment defined by a specified number of days after approval; and
(b) a notice in substantially the following form, setting forth the specified number of days, appears in clear and conspicuous type in the "Information for Bidders" section of the construction documents:
Notice of Extended Payment Provision This contract allows the owner to make payment within ___ days after approval of the payments.
History: En. Sec. 3, Ch. 274, L. 2003.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 21. Payment of Construction Contractors and Subcontractors › 28-2-2116. Construction contracts -- void provisions

28-2-2116. Construction contracts -- void provisions.
(1) A provision, covenant, clause, or understanding that is in, collateral to, or affects a construction contract for a project in this state and that makes the contract subject to the laws of another state or that requires any litigation, arbitration, or other dispute resolution proceeding arising from a dispute pertaining to the contract to be conducted in another state is against the public policy of this state and is void and unenforceable.
(2) A provision, covenant, clause, or understanding that is in, collateral to, or affects a construction contract and that states that a party to the contract may not suspend performance under the contract or terminate the contract if another party to the contract fails to make prompt payments under the contract as provided in 28-2-2103 is against the public policy of this state and is void and unenforceable.
History: En. Sec. 4, Ch. 274, L. 2003.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 22. Residential Construction -- Disclosure and Warranty Requirements › 28-2-2201. Residential construction contracts -- disclosure and warranty requirements

28-2-2201. Residential construction contracts -- disclosure and warranty requirements.
(1) For the purposes of this section, "residential construction contract" means a contract between a general contractor and an owner for the construction of a new residence.
(2) All residential construction contracts that are subject to the provisions of this section must be in writing and must contain the following:
(a) a disclosure that the general contractor has a current general liability policy;
(b) a disclosure that the general contractor has a workers' compensation policy or is an independent contractor without employees;
(c) a provision setting out the billing cycle establishing the payment schedule to be followed by the owner;
(d) a provision establishing procedures for handling change orders by the owner;
(e) a statement of all inspections and tests that the general contractor will perform or have performed prior to, during, or upon completion of construction and a statement that the owner is entitled to receive the results of any tests conducted by the general contractor or conducted at the general contractor's request;
(f) a statement that the owner is entitled at the owner's expense to have any inspections and tests conducted that the owner considers necessary; and
(g) a statement that the general contractor is providing an express warranty that is valid for a period of at least 1 year from completion of the construction project. The warranty must provide detailed descriptions of those components that are included or excluded from the warranty, the length of the warranty, and any specialty warranty provisions or time periods relating to certain components. The warranty provisions must also clearly set forth the requirements that must be adhered to by the buyer, including the time and method for reporting warranty claims, in order for the warranty provision to become applicable.
History: En. Sec. 1, Ch. 302, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 2. Contracts › Part 22. Residential Construction -- Disclosure and Warranty Requirements › 28-2-2202. Disclosure and warranty requirements for sales of newly constructed residences

28-2-2202. Disclosure and warranty requirements for sales of newly constructed residences.
(1) This section applies only to the sale of a newly constructed residence that has not been previously occupied and where the seller is the builder or a developer who has built or had the residence built for the purpose of resale.
(2) A builder or developer that is subject to the provisions of this section is required to provide to a buyer, prior to the sale of a new residence, the following:
(a) a statement of all inspections and tests that the general contractor performed or had performed prior to, during, or upon completion of construction of the residence that is the subject of the potential sale; and
(b) an express warranty that is valid for a period of at least 1 year from the date of the sale of the residence. The warranty must provide detailed descriptions of those components that are included or excluded from the warranty, the length of the warranty, and any specialty warranty provisions or time periods relating to certain components. The warranty provisions must also clearly set forth the requirements that must be adhered to by the buyer, including the time and method for reporting warranty claims, in order for the warranty provisions to become applicable.
History: En. Sec. 2, Ch. 302, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 3. Interpretation of Contracts › Part 1. General Provisions › 28-3-101. Rules of interpretation to be uniform

28-3-101. Rules of interpretation to be uniform.
All contracts, whether public or private, are to be interpreted by the same rules, except as otherwise provided by this code.
History: En. Sec. 2200, Civ. C. 1895; re-en. Sec. 5024, Rev. C. 1907; re-en. Sec. 7526, R.C.M. 1921; Cal. Civ. C. Sec. 1635; Field Civ. C. Sec. 800; re-en. Sec. 7526, R.C.M. 1935; R.C.M. 1947, 13-701.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 3. Interpretation of Contracts › Part 1. General Provisions › 28-3-102. What law and usage to govern interpretation

28-3-102. What law and usage to govern interpretation.
A contract is to be interpreted according to the law and usage of the place where it is to be performed or, if it does not indicate a place of performance, according to the law and usage of the place where it is made.
History: En. Sec. 2211, Civ. C. 1895; re-en. Sec. 5035, Rev. C. 1907; re-en. Sec. 7537, R.C.M. 1921; Cal. Civ. C. Sec. 1646; Field Civ. C. Sec. 811; re-en. Sec. 7537, R.C.M. 1935; R.C.M. 1947, 13-712.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 3. Interpretation of Contracts › Part 2. General Rules of Interpretation › 28-3-201. Interpretation giving effect to contract favored

28-3-201. Interpretation giving effect to contract favored.
A contract must receive such an interpretation as will make it lawful, operative, definite, reasonable, and capable of being carried into effect if it can be done without violating the intention of the parties.
History: En. Sec. 2208, Civ. C. 1895; re-en. Sec. 5032, Rev. C. 1907; re-en. Sec. 7534, R.C.M. 1921; Cal. Civ. C. Sec. 1643; Field Civ. C. Sec. 808; re-en. Sec. 7534, R.C.M. 1935; R.C.M. 1947, 13-709.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 3. Interpretation of Contracts › Part 2. General Rules of Interpretation › 28-3-202. Effect to be given to every part of contract

28-3-202. Effect to be given to every part of contract.
The whole of a contract is to be taken together so as to give effect to every part if reasonably practicable, each clause helping to interpret the other.
History: En. Sec. 2206, Civ. C. 1895; re-en. Sec. 5030, Rev. C. 1907; re-en. Sec. 7532, R.C.M. 1921; Cal. Civ. C. Sec. 1641; Field Civ. C. Sec. 806; re-en. Sec. 7532, R.C.M. 1935; R.C.M. 1947, 13-707.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 3. Interpretation of Contracts › Part 2. General Rules of Interpretation › 28-3-203. When several contracts taken together

28-3-203. When several contracts taken together.
Several contracts relating to the same matters, between the same parties, and made as parts of substantially one transaction are to be taken together.
History: En. Sec. 2207, Civ. C. 1895; re-en. Sec. 5031, Rev. C. 1907; re-en. Sec. 7533, R.C.M. 1921; Cal. Civ. C. Sec. 1642; Field Civ. C. Sec. 807; re-en. Sec. 7533, R.C.M. 1935; R.C.M. 1947, 13-708.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 3. Interpretation of Contracts › Part 2. General Rules of Interpretation › 28-3-204. How repugnancies reconciled

28-3-204. How repugnancies reconciled.
Repugnancies in a contract must be reconciled, if possible, by such an interpretation as will give some effect to the repugnant clauses, subordinate to the general intent and purpose of the whole contract.
History: En. Sec. 2217, Civ. C. 1895; re-en. Sec. 5041, Rev. C. 1907; re-en. Sec. 7543, R.C.M. 1921; Cal. Civ. C. Sec. 1652; Field Civ. C. Sec. 817; re-en. Sec. 7543, R.C.M. 1935; R.C.M. 1947, 13-718.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 3. Interpretation of Contracts › Part 2. General Rules of Interpretation › 28-3-205. Written or original terms to control printed terms

28-3-205. Written or original terms to control printed terms.
Where a contract is partly written and partly printed or where part of it is written or printed under the special directions of the parties and with a special view to their intention and the remainder is copied from a form originally prepared without special reference to the particular parties and the particular contract in question, the written parts control the printed parts and the parts which are purely original control those which are copied from a form and, if the two are absolutely repugnant, the latter must be so far disregarded.
History: En. Sec. 2216, Civ. C. 1895; re-en. Sec. 5040, Rev. C. 1907; re-en. Sec. 7542, R.C.M. 1921; Cal. Civ. C. Sec. 1651; Field Civ. C. Sec. 816; re-en. Sec. 7542, R.C.M. 1935; R.C.M. 1947, 13-717.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 3. Interpretation of Contracts › Part 2. General Rules of Interpretation › 28-3-206. Uncertainty to be resolved against party causing it

28-3-206. Uncertainty to be resolved against party causing it.
In cases of uncertainty not removed by parts 1 through 5 of this chapter, the language of a contract should be interpreted most strongly against the party who caused the uncertainty to exist. The promisor is presumed to be that party.
History: En. Sec. 2219, Civ. C. 1895; re-en. Sec. 5043, Rev. C. 1907; re-en. Sec. 7545, R.C.M. 1921; Cal. Civ. C. Sec. 1654; Field Civ. C. Sec. 819; re-en. Sec. 7545, R.C.M. 1935; R.C.M. 1947, 13-720; amd. Sec. 25, Ch. 117, L. 1979; amd. Sec. 1, Ch. 31, L. 2013.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 3. Interpretation of Contracts › Part 3. Intention of the Parties › 28-3-301. Interpretation to give effect to mutual intention

28-3-301. Interpretation to give effect to mutual intention.
A contract must be so interpreted as to give effect to the mutual intention of the parties as it existed at the time of contracting, so far as the same is ascertainable and lawful.
History: En. Sec. 2201, Civ. C. 1895; re-en. Sec. 5025, Rev. C. 1907; re-en. Sec. 7527, R.C.M. 1921; Cal. Civ. C. Sec. 1636; Field Civ. C. Sec. 801; re-en. Sec. 7527, R.C.M. 1935; R.C.M. 1947, 13-702.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 3. Interpretation of Contracts › Part 3. Intention of the Parties › 28-3-302. How intention ascertained

28-3-302. How intention ascertained.
For the purpose of ascertaining the intention of the parties to a contract, if otherwise doubtful, the rules given in this chapter are to be applied.
History: En. Sec. 2202, Civ. C. 1895; re-en. Sec. 5026, Rev. C. 1907; re-en. Sec. 7528, R.C.M. 1921; Cal. Civ. C. Sec. 1637; Field Civ. C. Sec. 802; re-en. Sec. 7528, R.C.M. 1935; R.C.M. 1947, 13-703.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 3. Interpretation of Contracts › Part 3. Intention of the Parties › 28-3-303. Writing generally to determine intention

28-3-303. Writing generally to determine intention.
When a contract is reduced to writing, the intention of the parties is to be ascertained from the writing alone if possible, subject, however, to the other provisions of this chapter.
History: En. Sec. 2204, Civ. C. 1895; re-en. Sec. 5028, Rev. C. 1907; re-en. Sec. 7530, R.C.M. 1921; Cal. Civ. C. Sec. 1639; Field Civ. C. Sec. 804; re-en. Sec. 7530, R.C.M. 1935; R.C.M. 1947, 13-705.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 3. Interpretation of Contracts › Part 3. Intention of the Parties › 28-3-304. When writing disregarded

28-3-304. When writing disregarded.
When through fraud, mistake, or accident a written contract fails to express the real intention of the parties, such intention is to be regarded and the erroneous parts of the writing disregarded.
History: En. Sec. 2205, Civ. C. 1895; re-en. Sec. 5029, Rev. C. 1907; re-en. Sec. 7531, R.C.M. 1921; Cal. Civ. C. Sec. 1640; Field Civ. C. Sec. 805; re-en. Sec. 7531, R.C.M. 1935; R.C.M. 1947, 13-706.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 3. Interpretation of Contracts › Part 3. Intention of the Parties › 28-3-305. Contract restricted to its apparent objects

28-3-305. Contract restricted to its apparent objects.
However broad may be the terms of a contract, it extends only to those things concerning which it appears that the parties intended to contract.
History: En. Sec. 2213, Civ. C. 1895; re-en. Sec. 5037, Rev. C. 1907; re-en. Sec. 7539, R.C.M. 1921; Cal. Civ. C. Sec. 1648; Field Civ. C. Sec. 813; re-en. Sec. 7539, R.C.M. 1935; R.C.M. 1947, 13-714.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 3. Interpretation of Contracts › Part 3. Intention of the Parties › 28-3-306. Interpretation of terms that are ambiguous or intended in different sense by different parties

28-3-306. Interpretation of terms that are ambiguous or intended in different sense by different parties.
(1) If the terms of a promise are in any respect ambiguous or uncertain, the promise must be interpreted in the sense in which the promisor believed, at the time of making it, that the promisee understood it.
(2) When the terms of an agreement have been intended in a different sense by different parties to the agreement, that sense is to prevail against either party in which the party supposed the other party understood it. If different constructions of a provision are otherwise equally proper, that construction is to be taken that is most favorable to the party in whose favor the provision was made.
History: (1)En. Sec. 2214, Civ. C. 1895; re-en. Sec. 5038, Rev. C. 1907; re-en. Sec. 7540, R.C.M. 1921; Cal. Civ. C. Sec. 1649; Field Civ. C. Sec. 814; re-en. Sec. 7540, R.C.M. 1935; Sec. 13-715, R.C.M. 1947; (2)En. Sec. 618, p. 200, L. 1877; re-en. Sec. 618, 1st Div. Rev. Stat. 1879; re-en. Sec. 636, 1st Div. Comp. Stat. 1887; re-en. Sec. 3140, C. Civ. Proc. 1895; re-en. Sec. 7881, Rev. C. 1907; re-en. Sec. 10525, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1864; re-en. Sec. 10525, R.C.M. 1935; Sec. 93-401-21, R.C.M. 1947; R.C.M. 1947, 13-715, 93-401-21; amd. Sec. 791, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 3. Interpretation of Contracts › Part 3. Intention of the Parties › 28-3-307. Particular clauses subordinate to general intent

28-3-307. Particular clauses subordinate to general intent.
Particular clauses of a contract are subordinate to its general intent.
History: En. Sec. 2215, Civ. C. 1895; re-en. Sec. 5039, Rev. C. 1907; re-en. Sec. 7541, R.C.M. 1921; Cal. Civ. C. Sec. 1650; Field Civ. C. Sec. 815; re-en. Sec. 7541, R.C.M. 1935; R.C.M. 1947, 13-716.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 3. Interpretation of Contracts › Part 4. Factors Considered in Determining Intention › 28-3-401. Extent to which language governs interpretation

28-3-401. Extent to which language governs interpretation.
The language of a contract is to govern its interpretation if the language is clear and explicit and does not involve an absurdity.
History: En. Sec. 2203, Civ. C. 1895; re-en. Sec. 5027, Rev. C. 1907; re-en. Sec. 7529, R.C.M. 1921; Cal. Civ. C. Sec. 1638; Field Civ. C. Sec. 803; re-en. Sec. 7529, R.C.M. 1935; R.C.M. 1947, 13-704.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 3. Interpretation of Contracts › Part 4. Factors Considered in Determining Intention › 28-3-402. Reference to circumstances permissible

28-3-402. Reference to circumstances permissible.
A contract may be explained by reference to the circumstances under which it was made and the matter to which it relates.
History: En. Sec. 2212, Civ. C. 1895; re-en. Sec. 5036, Rev. C. 1907; re-en. Sec. 7538, R.C.M. 1921; Cal. Civ. C. Sec. 1647; Field Civ. C. Sec. 812; re-en. Sec. 7538, R.C.M. 1935; R.C.M. 1947, 13-713.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 3. Interpretation of Contracts › Part 4. Factors Considered in Determining Intention › 28-3-403. Superseded

28-3-403. Superseded.
Sup. Ct. Ord. No. 12729, July 10, 1979.
History: En. Sec. 624, p. 201, L. 1877; re-en. Sec. 624, 1st Div. Rev. Stat. 1879; re-en. Sec. 642, 1st Div. Comp. Stat. 1887; re-en. Sec. 3146, C. Civ. Proc. 1895; re-en. Sec. 7887, Rev. C. 1907; re-en. Sec. 10531, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1870; re-en. Sec. 10531, R.C.M. 1935; R.C.M. 1947, 93-401-27(part); amd. Sec. 26, Ch. 117, L. 1979.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 3. Interpretation of Contracts › Part 5. Interpretation of Words › 28-3-501. Words generally understood in their ordinary sense

28-3-501. Words generally understood in their ordinary sense.
The words of a contract are to be understood in their ordinary and popular sense rather than according to their strict legal meaning unless used by the parties in a technical sense or unless a special meaning is given to them by usage, in which case the latter must be followed.
History: En. Sec. 2209, Civ. C. 1895; re-en. Sec. 5033, Rev. C. 1907; re-en. Sec. 7535, R.C.M. 1921; Cal. Civ. C. Sec. 1644; Field Civ. C. Sec. 809; re-en. Sec. 7535, R.C.M. 1935; R.C.M. 1947, 13-710.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 3. Interpretation of Contracts › Part 5. Interpretation of Words › 28-3-502. Interpretation of technical words

28-3-502. Interpretation of technical words.
Technical words are to be interpreted as usually understood by persons in the profession or business to which they relate unless clearly used in a different sense.
History: En. Sec. 2210, Civ. C. 1895; re-en. Sec. 5034, Rev. C. 1907; re-en. Sec. 7536, R.C.M. 1921; Cal. Civ. C. Sec. 1645; Field Civ. C. Sec. 810; re-en. Sec. 7536, R.C.M. 1935; R.C.M. 1947, 13-711.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 3. Interpretation of Contracts › Part 5. Interpretation of Words › 28-3-503. Inconsistent words to be rejected

28-3-503. Inconsistent words to be rejected.
Words in a contract which are wholly inconsistent with its nature or with the main intention of the parties are to be rejected.
History: En. Sec. 2218, Civ. C. 1895; re-en. Sec. 5042, Rev. C. 1907; re-en. Sec. 7544, R.C.M. 1921; Cal. Civ. C. Sec. 1653; Field Civ. C. Sec. 818; re-en. Sec. 7544, R.C.M. 1935; R.C.M. 1947, 13-719.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 3. Interpretation of Contracts › Part 6. Time of Performance › 28-3-601. Time of performance when not specified

28-3-601. Time of performance when not specified.
If no time is specified for the performance of an act required to be performed, a reasonable time is allowed. If the act is in its nature capable of being done instantly (for example, if it consists in the payment of money only), it must be performed immediately upon the thing to be done being exactly ascertained.
History: En. Sec. 2222, Civ. C. 1895; re-en. Sec. 5046, Rev. C. 1907; re-en. Sec. 7548, R.C.M. 1921; Cal. Civ. C. Sec. 1657; Field Civ. C. Sec. 822; re-en. Sec. 7548, R.C.M. 1935; R.C.M. 1947, 13-723.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 3. Interpretation of Contracts › Part 6. Time of Performance › 28-3-602. When time considered of the essence

28-3-602. When time considered of the essence.
Time is never considered as of the essence of a contract unless by its terms expressly so provided.
History: En. Sec. 2223, Civ. C. 1895; re-en. Sec. 5047, Rev. C. 1907; re-en. Sec. 7549, R.C.M. 1921; Cal. Civ. C. Sec. 1658; Field Civ. C. Sec. 823; re-en. Sec. 7549, R.C.M. 1935; R.C.M. 1947, 13-724.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 3. Interpretation of Contracts › Part 6. Time of Performance › 28-3-603. Postponement of performance date which falls on holiday

28-3-603. Postponement of performance date which falls on holiday.
Whenever any act of a secular nature other than a work of necessity or mercy is appointed by contract to be performed upon a particular day which day falls upon a holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed.
History: En. Sec. 12, Pol. C. 1895; re-en. Sec. 12, Rev. C. 1907; re-en. Sec. 12, R.C.M. 1921; Cal. Pol. C. Sec. 13; re-en. Sec. 12, R.C.M. 1935; R.C.M. 1947, 19-109.
2023 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

28-3-701. Stipulations necessary for reasonableness or conformity to usage.
Stipulations which are necessary to make a contract reasonable or conformable to usage are implied in respect to matters concerning which the contract manifests no contrary intention.
History: En. Sec. 2220, Civ. C. 1895; re-en. Sec. 5044, Rev. C. 1907; re-en. Sec. 7546, R.C.M. 1921; Cal. Civ. C. Sec. 1655; Field Civ. C. Sec. 820; re-en. Sec. 7546, R.C.M. 1935; R.C.M. 1947, 13-721.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 3. Interpretation of Contracts › Part 7. Provisions Implied by Law › 28-3-702. Necessary and incidental terms

28-3-702. Necessary and incidental terms.
All things that in law or usage are considered as incidental to a contract or as necessary to carry it into effect are implied therefrom unless some of them are expressly mentioned therein, in which case all other things of the same class are considered to be excluded.
History: En. Sec. 2221, Civ. C. 1895; re-en. Sec. 5045, Rev. C. 1907; re-en. Sec. 7547, R.C.M. 1921; Cal. Civ. C. Sec. 1656; Field Civ. C. Sec. 821; re-en. Sec. 7547, R.C.M. 1935; R.C.M. 1947, 13-722; amd. Sec. 27, Ch. 117, L. 1979.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 3. Interpretation of Contracts › Part 7. Provisions Implied by Law › 28-3-703. When promise presumed to be joint and several

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.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 3. Interpretation of Contracts › Part 7. Provisions Implied by Law › 28-3-704. Contractual right to attorney fees treated as reciprocal -- exception

28-3-704. Contractual right to attorney fees treated as reciprocal -- exception.
(1) Except as provided in subsection (2), whenever, by virtue of the provisions of any contract or obligation in the nature of a contract made and entered into at any time after July 1, 1971, one party to the contract or obligation has an express right to recover attorney fees from any other party to the contract or obligation in the event the party having that right brings an action upon the contract or obligation, then in any action on the contract or obligation all parties to the contract or obligation are considered to have the same right to recover attorney fees and the prevailing party in any action, whether by virtue of the express contractual right or by virtue of this section, is entitled to recover reasonable attorney fees from the losing party or parties.
(2) For a contract or obligation negotiated between a private party and a party with condemnation authority over the private party's property, the party with condemnation authority is not entitled to recover attorney fees from the losing party or parties pursuant to subsection (1) in an action to enforce a contract or obligation involving the property.
History: En. Sec. 1, Ch. 259, L. 1971; R.C.M. 1947, 93-8601.1; amd. Sec. 792, Ch. 56, L. 2009; amd. Sec. 1, Ch. 313, L. 2017.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 10. Agency › Part 1. General Provisions › 28-10-101. Definitions of agent and agency

28-10-101. Definitions of agent and agency.
An agent is one who represents another, called the principal, in dealings with third persons. Such representation is called agency.
History: En. Sec. 3070, Civ. C. 1895; re-en. Sec. 5413, Rev. C. 1907; re-en. Sec. 7928, R.C.M. 1921; Cal. Civ. C. Sec. 2295; Field Civ. C. Sec. 1216; re-en. Sec. 7928, R.C.M. 1935; R.C.M. 1947, 2-101.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 10. Agency › Part 1. General Provisions › 28-10-102. General versus special agents

28-10-102. General versus special agents.
An agent for a particular act or transaction is called a special agent. All others are general agents.
History: En. Sec. 3072, Civ. C. 1895; re-en. Sec. 5415, Rev. C. 1907; re-en. Sec. 7930, R.C.M. 1921; Cal. Civ. C. Sec. 2297; Field Civ. C. Sec. 1218; re-en. Sec. 7930, R.C.M. 1935; R.C.M. 1947, 2-103.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 10. Agency › Part 1. General Provisions › 28-10-103. Actual versus ostensible agency -- limitation

28-10-103. Actual versus ostensible agency -- limitation.
(1) An agency is either actual or ostensible. An agency is actual when the agent is really employed by the principal. An agency is ostensible when the principal intentionally or by want of ordinary care causes a third person to believe another to be the principal's agent when that person is not really employed by the principal.
(2) Except as provided in subsection (3), for purposes of a malpractice claim, as defined in 27-6-103, liability may not be imposed on a health care provider, as defined in 27-6-103, for an act or omission by a person or entity alleged to have been an ostensible agent of the health care provider at the time that the act or omission occurred.
(3) (a) Subsection (2) is not applicable unless the health care provider has instituted a policy or practice requiring persons providing independent professional services to have insurance of a type and in the amount required by the rules and regulations of the medical staff, by the medical staff bylaws, or by other similar health care facility rules or regulations. The insurance provided for in this subsection must be in effect for the period of time during which a medical malpractice action must be brought as provided in 27-2-205.
(b) Failure of a health care provider providing independent professional services to comply with a policy or practice implementing subsection (3)(a) constitutes unprofessional conduct pursuant to 37-1-316(1)(q) and 37-2-304.
History: En. Secs. 3073, 3074, 3075, Civ. C. 1895; re-en. Secs. 5416, 5417, 5418, Rev. C. 1907; re-en. Secs. 7931, 7932, 7933, R.C.M. 1921; Cal. Civ. C. Secs. 2298, 2299, 2300; Field Civ. C. Secs. 1219, 1220, 1221; re-en. Secs. 7931, 7932, 7933, R.C.M. 1935; R.C.M. 1947, 2-104, 2-105, 2-106; amd. Sec. 1, Ch. 44, L. 2005; amd. Sec. 1, Ch. 440, L. 2007; amd. Sec. 1, Ch. 158, L. 2009; amd. Sec. 1, Ch. 381, L. 2023.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 10. Agency › Part 1. General Provisions › 28-10-104. Who may appoint an agent, who may be an agent

28-10-104. Who may appoint an agent, who may be an agent.
Any person having capacity to contract, except a minor, may appoint an agent, and any person may be an agent.
History: En. Secs. 16, 3071, Civ. C. 1895; re-en. Secs. 3590, 5414, Rev. C. 1907; re-en. Secs. 5678, 7929, R.C.M. 1921; Cal. Civ. C. Secs. 33, 2296; Field Civ. C. Secs. 15, 1217; re-en. Secs. 5678, 7929, R.C.M. 1935; R.C.M. 1947, 2-102, 64-105; amd. Sec. 28, Ch. 117, L. 1979.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 10. Agency › Part 1. General Provisions › 28-10-105. What acts agent may perform

28-10-105. What acts agent may perform.
(1) An agent may be authorized to do any acts that the principal might do, except those to which the principal is bound to give personal attention.
(2) Every act that, according to this code, may be done by or to any person may be done by or to the agent of the person for that purpose unless a contrary intention clearly appears.
History: En. Secs. 3080, 3081, Civ. C. 1895; re-en. Secs. 5419, 5420, Rev. C. 1907; re-en. Secs. 7934, 7935, R.C.M. 1921; Cal. Civ. C. Secs. 2304, 2305; Field Civ. C. Secs. 1222, 1223; re-en. Secs. 7934, 7935, R.C.M. 1935; R.C.M. 1947, 2-107, 2-108; amd. Sec. 793, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 10. Agency › Part 2. Creation of Agency › 28-10-201. How agency may be created

28-10-201. How agency may be created.
An agency may be created and an authority may be conferred by a precedent authorization or a subsequent ratification.
History: En. Sec. 3083, Civ. C. 1895; re-en. Sec. 5422, Rev. C. 1907; re-en. Sec. 7937, R.C.M. 1921; Cal. Civ. C. Sec. 2307; Field Civ. C. Sec. 1225; re-en. Sec. 7937, R.C.M. 1935; R.C.M. 1947, 2-114.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 10. Agency › Part 2. Creation of Agency › 28-10-202. Consideration unnecessary

28-10-202. Consideration unnecessary.
A consideration is not necessary to make an authority, whether precedent or subsequent, binding upon the principal.
History: En. Sec. 3084, Civ. C. 1895; re-en. Sec. 5423, Rev. C. 1907; re-en. Sec. 7938, R.C.M. 1921; Cal. Civ. C. Sec. 2308; Field Civ. C. Sec. 1226; re-en. Sec. 7938, R.C.M. 1935; R.C.M. 1947, 2-115.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 10. Agency › Part 2. Creation of Agency › 28-10-203. When written authorization necessary

28-10-203. When written authorization necessary.
An oral authorization is sufficient for any purpose, except that an authority to enter into a contract required by law to be in writing can only be given by an instrument in writing.
History: En. Sec. 3085, Civ. C. 1895; re-en. Sec. 5424, Rev. C. 1907; re-en. Sec. 7939, R.C.M. 1921; Cal. Civ. C. Sec. 2309; Based on Field Civ. C. Sec. 1227; re-en. Sec. 7939, R.C.M. 1935; R.C.M. 1947, 2-116.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 10. Agency › Part 2. Creation of Agency › 28-10-211. How agent's act ratified

28-10-211. How agent's act ratified.
A ratification can be made only in the manner that would have been necessary to confer an original authority for the act ratified or, whenever an oral authorization would suffice, by knowingly accepting or retaining the benefit of the act.
History: En. Sec. 3086, Civ. C. 1895; re-en. Sec. 5425, Rev. C. 1907; re-en. Sec. 7940, R.C.M. 1921; Cal. Civ. C. Sec. 2310; Field Civ. C. Sec. 1228; re-en. Sec. 7940, R.C.M. 1935; R.C.M. 1947, 2-117; amd. Sec. 29, Ch. 117, L. 1979.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 10. Agency › Part 2. Creation of Agency › 28-10-212. Ratification of part of indivisible transaction

28-10-212. Ratification of part of indivisible transaction.
Ratification of part of an indivisible transaction is a ratification of the whole.
History: En. Sec. 3087, Civ. C. 1895; re-en. Sec. 5426, Rev. C. 1907; re-en. Sec. 7941, R.C.M. 1921; Cal. Civ. C. Sec. 2311; Field Civ. C. Sec. 1229; re-en. Sec. 7941, R.C.M. 1935; R.C.M. 1947, 2-118.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 10. Agency › Part 2. Creation of Agency › 28-10-213. Ratification not to prejudice third persons

28-10-213. Ratification not to prejudice third persons.
No unauthorized act can be made valid retroactively to the prejudice of third persons without their consent.
History: En. Sec. 3089, Civ. C. 1895; re-en. Sec. 5428, Rev. C. 1907; re-en. Sec. 7943, R.C.M. 1921; Cal. Civ. C. Sec. 2313; Field Civ. C. Sec. 1231; re-en. Sec. 7943, R.C.M. 1935; R.C.M. 1947, 2-120.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 10. Agency › Part 2. Creation of Agency › 28-10-214. When ratification void

28-10-214. When ratification void.
A ratification is not valid unless, at the time of ratifying the act done, the principal has power to confer authority for such an act.
History: En. Sec. 3088, Civ. C. 1895; re-en. Sec. 5427, Rev. C. 1907; re-en. Sec. 7942, R.C.M. 1921; Cal. Civ. C. Sec. 2312; Field Civ. C. Sec. 1230; re-en. Sec. 7942, R.C.M. 1935; R.C.M. 1947, 2-119.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 10. Agency › Part 2. Creation of Agency › 28-10-215. When ratification may be rescinded

28-10-215. When ratification may be rescinded.
A ratification may be rescinded when made without such consent as is required in a contract or with an imperfect knowledge of the material facts of the transaction ratified, but not otherwise.
History: En. Sec. 3090, Civ. C. 1895; re-en. Sec. 5429, Rev. C. 1907; re-en. Sec. 7944, R.C.M. 1921; Cal. Civ. C. Sec. 2314; Field Civ. C. Sec. 1232; re-en. Sec. 7944, R.C.M. 1935; R.C.M. 1947, 2-121.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 10. Agency › Part 3. Duties of Agent › 28-10-301. Agent not to exceed actual authority

28-10-301. Agent not to exceed actual authority.
An agent may not exceed the limits of the agent's actual authority as defined by Title 30, chapter 11, parts 5 and 6, and this chapter.
History: En. Sec. 2740, Civ. C. 1895; re-en. Sec. 5286, Rev. C. 1907; re-en. Sec. 7801, R.C.M. 1921; Cal. Civ. C. Sec. 2019; Field Civ. C. Sec. 1041; re-en. Sec. 7801, R.C.M. 1935; R.C.M. 1947, 2-109; amd. Sec. 30, Ch. 117, L. 1979; amd. Sec. 794, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 10. Agency › Part 3. Duties of Agent › 28-10-302. Duty to keep principal informed

28-10-302. Duty to keep principal informed.
An agent shall use ordinary diligence to keep the agent's principal informed of the agent's acts in the course of the agency.
History: En. Sec. 2741, Civ. C. 1895; re-en. Sec. 5287, Rev. C. 1907; re-en. Sec. 7802, R.C.M. 1921; Cal. Civ. C. Sec. 2020; Field Civ. C. Sec. 1042; re-en. Sec. 7802, R.C.M. 1935; R.C.M. 1947, 2-110; amd. Sec. 795, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 10. Agency › Part 3. Duties of Agent › 28-10-303. Duty of agent employed to collect negotiable instrument

28-10-303. Duty of agent employed to collect negotiable instrument.
An agent employed to collect a negotiable instrument must collect it promptly and take all measures necessary to charge the parties thereto in case of its dishonor and, if it is a bill of exchange, present it for acceptance with reasonable diligence.
History: En. Sec. 2742, Civ. C. 1895; re-en. Sec. 5288, Rev. C. 1907; re-en. Sec. 7803, R.C.M. 1921; Cal. Civ. C. Sec. 2021; Field Civ. C. Sec. 1043; re-en. Sec. 7803, R.C.M. 1935; R.C.M. 1947, 2-111.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 10. Agency › Part 4. Authority of Agent › 28-10-401. What authority agent has

28-10-401. What authority agent has.
An agent has the authority that the principal actually or ostensibly confers upon the agent.
History: En. Sec. 3091, Civ. C. 1895; re-en. Sec. 5430, Rev. C. 1907; re-en. Sec. 7945, R.C.M. 1921; Cal. Civ. C. Sec. 2315; Field Civ. C. Sec. 1233; re-en. Sec. 7945, R.C.M. 1935; R.C.M. 1947, 2-122; amd. Sec. 796, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 10. Agency › Part 4. Authority of Agent › 28-10-402. Actual authority defined

28-10-402. Actual authority defined.
Actual authority is authority that the principal intentionally confers upon the agent or intentionally or by want of ordinary care allows the agent to believe that the agent possesses.
History: En. Sec. 3092, Civ. C. 1895; re-en. Sec. 5431, Rev. C. 1907; re-en. Sec. 7946, R.C.M. 1921; Cal. Civ. C. Sec. 2316; Field Civ. C. Sec. 1234; re-en. Sec. 7946, R.C.M. 1935; R.C.M. 1947, 2-123; amd. Sec. 797, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 10. Agency › Part 4. Authority of Agent › 28-10-403. Ostensible authority defined

28-10-403. Ostensible authority defined.
Ostensible authority is such as a principal, intentionally or by want of ordinary care, causes or allows a third person to believe the agent to possess.
History: En. Sec. 3093, Civ. C. 1895; re-en. Sec. 5432, Rev. C. 1907; re-en. Sec. 7947, R.C.M. 1921; Cal. Civ. C. Sec. 2317; Field Civ. C. Sec. 1235; re-en. Sec. 7947, R.C.M. 1935; R.C.M. 1947, 2-124.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 10. Agency › Part 4. Authority of Agent › 28-10-404. When and as to whom agent's authority restricted

28-10-404. When and as to whom agent's authority restricted.
Every agent has the authority as described by Title 30, chapter 11, parts 5 and 6, and this chapter unless specially deprived of that authority by the agent's principal and has even then the statutorily described authority ostensibly except as to persons who have actual or constructive notice of the restriction upon the agent's authority.
History: En. Sec. 3094, Civ. C. 1895; re-en. Sec. 5433, Rev. C. 1907; re-en. Sec. 7948, R.C.M. 1921; Cal. Civ. C. Sec. 2318; Field Civ. C. Sec. 1236; re-en. Sec. 7948, R.C.M. 1935; R.C.M. 1947, 2-125; amd. Sec. 31, Ch. 117, L. 1979; amd. Sec. 798, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 10. Agency › Part 4. Authority of Agent › 28-10-405. Implied powers of agent

28-10-405. Implied powers of agent.
An agent has authority to:
(1) do everything necessary and proper and usual, in the ordinary course of business, for effecting the purpose of the agency; and
(2) make a representation respecting any matter of fact, except the terms of the agent's authority, upon which the right to use the agent's authority depends and the truth of which cannot be determined by the use of reasonable diligence on the part of the person to whom the representation is made.
History: En. Sec. 3095, Civ. C. 1895; re-en. Sec. 5434, Rev. C. 1907; re-en. Sec. 7949, R.C.M. 1921; Cal. Civ. C. Sec. 2319; Field Civ. C. Sec. 1237; re-en. Sec. 7949, R.C.M. 1935; R.C.M. 1947, 2-126; amd. Sec. 32, Ch. 117, L. 1979; amd. Sec. 799, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 10. Agency › Part 4. Authority of Agent › 28-10-406. Interpretation of authority given partly in general and partly in specific terms

28-10-406. Interpretation of authority given partly in general and partly in specific terms.
When an authority is given partly in general and partly in specific terms, the general authority gives no higher powers than those specifically mentioned.
History: En. Sec. 3097, Civ. C. 1895; re-en. Sec. 5436, Rev. C. 1907; re-en. Sec. 7951, R.C.M. 1921; Cal. Civ. C. Sec. 2321; Field Civ. C. Sec. 1239; re-en. Sec. 7951, R.C.M. 1935; R.C.M. 1947, 2-128.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 10. Agency › Part 4. Authority of Agent › 28-10-407. Statutory exceptions to general authority

28-10-407. Statutory exceptions to general authority.
An authority expressed in general terms, however broad, does not authorize an agent to:
(1) act in the agent's own name unless it is the usual course of business to do so;
(2) define the scope of the agency; or
(3) do any act that a trustee is forbidden to do by Title 72, chapter 38.
History: En. Sec. 3098, Civ. C. 1895; re-en. Sec. 5437, Rev. C. 1907; re-en. Sec. 7952, R.C.M. 1921; Cal. Civ. C. Sec. 2322; Field Civ. C. Sec. 1240; re-en. Sec. 7952, R.C.M. 1935; R.C.M. 1947, 2-129; amd. Sec. 800, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 10. Agency › Part 4. Authority of Agent › 28-10-408. When agent may disobey instructions

28-10-408. When agent may disobey instructions.
An agent has power to disobey instructions in dealing with the subject of the agency in cases in which it is clearly for the interest of the agent's principal that the agent should do so and there is insufficient time to communicate with the principal.
History: En. Sec. 3096, Civ. C. 1895; re-en. Sec. 5435, Rev. C. 1907; re-en. Sec. 7950, R.C.M. 1921; Cal. Civ. C. Sec. 2320; Field Civ. C. Sec. 1238; re-en. Sec. 7950, R.C.M. 1935; R.C.M. 1947, 2-127; amd. Sec. 801, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 10. Agency › Part 4. Authority of Agent › 28-10-409. No authority to defraud principal

28-10-409. No authority to defraud principal.
An agent can never have authority, either actual or ostensible, to do an act that is and is known or suspected by the person with whom the agent deals to be a fraud upon the principal.
History: En. Sec. 3082, Civ. C. 1895; re-en. Sec. 5421, Rev. C. 1907; re-en. Sec. 7936, R.C.M. 1921; Cal. Civ. C. Sec. 2306; Field Civ. C. Sec. 1224; re-en. Sec. 7936, R.C.M. 1935; R.C.M. 1947, 2-113; amd. Sec. 802, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 10. Agency › Part 4. Authority of Agent › 28-10-421. What included in authority to sell personal property

28-10-421. What included in authority to sell personal property.
An authority to sell personal property includes authority to warrant the title of the principal and the quantity and quality of the property.
History: En. Sec. 3099, Civ. C. 1895; re-en. Sec. 5438, Rev. C. 1907; re-en. Sec. 7953, R.C.M. 1921; Cal. Civ. C. Sec. 2323; Field Civ. C. Sec. 1241; re-en. Sec. 7953, R.C.M. 1935; R.C.M. 1947, 2-130.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 10. Agency › Part 4. Authority of Agent › 28-10-422. What included in authority to sell real property

28-10-422. What included in authority to sell real property.
An authority to sell and convey real property includes authority to give the usual covenants of warranty.
History: En. Sec. 3100, Civ. C. 1895; re-en. Sec. 5439, Rev. C. 1907; re-en. Sec. 7954, R.C.M. 1921; Cal. Civ. C. Sec. 2324; Field Civ. C. Sec. 1242; re-en. Sec. 7954, R.C.M. 1935; R.C.M. 1947, 2-131.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 10. Agency › Part 4. Authority of Agent › 28-10-423. Authority of agent to sell to receive price

28-10-423. Authority of agent to sell to receive price.
A general agent to sell who is entrusted by the principal with the possession of the thing sold has authority to receive the price. A special agent to sell has authority to receive the price on delivery of the thing sold, but not afterwards.
History: En. Secs. 3101, 3102, Civ. C. 1895; re-en. Secs. 5440, 5441, Rev. C. 1907; re-en. Secs. 7955, 7956, R.C.M. 1921; Cal. Civ. C. Secs. 2325, 2326; Field Civ. C. Secs. 1243, 1244; re-en. Secs. 7955, 7956, R.C.M. 1935; R.C.M. 1947, 2-132, 2-133.
2023 Montana Code Annotated › Title 28. Contracts and Other Obligations › Chapter 10. Agency › Part 5. Subagents › 28-10-501. When agent may delegate powers

28-10-501. When agent may delegate powers.
An agent, unless specially forbidden by the principal to do so, can delegate the agent's powers to another person in any of the following cases and in no others:
(1) when the act to be done is purely mechanical;
(2) when the agent cannot and the subagent can lawfully perform the act;
(3) when it is the usage of the place to delegate the powers; or
(4) when the delegation is specially authorized by the principal.
History: En. Sec. 3140, Civ. C. 1895; re-en. Sec. 5456, Rev. C. 1907; re-en. Sec. 7971, R.C.M. 1921; Cal. Civ. C. Sec. 2349; Field Civ. C. Sec. 1259; re-en. Sec. 7971, R.C.M. 1935; R.C.M. 1947, 2-301; amd. Sec. 803, Ch. 56, L. 2009.