1. MCA Contents
  2. TITLE 28
  3. CHAPTER 3
  4. Part 7
  5. 28-3-703 When promise presumed to be joint and several

Montana Code Annotated 2021

TITLE 28. CONTRACTS AND OTHER OBLIGATIONS

CHAPTER 3. INTERPRETATION OF CONTRACTS

Part 7. Provisions Implied by Law

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.