Notes of Decisions
Marco & Co. v. Deaconess/Billings Clinic Health Sys., 1998 MT 26, 954 P.2d 1116.
· cites it 10× “Specific Performance: ¶20 Section 27-1-411(4), MCA, establishes that specific performance may be compelled when the parties to a contract have expressly agreed in writing that specific performance shall be an available remedy.”
Boyne USA, Inc. v. Spanish Peaks Dev., LLC, 2013 MT 1, 292 P.3d 432.
· cites it 3× “Section 27-1-419, MCA. ¶65 Boyne had fulfilled its obligation to transfer 25 acres of property and stood ready to pay SPD for the Lone Peak property.”
Double AA Corp. v. Newland & Co., 905 P.2d 138 (Mont. 1995).
· cites it 3× “Section 27-1-411(2), MCA. More specifically, in contracts involving the sale of land, “[i]t is to be presumed that the breach of an agreement to transfer real property cannot be adequately relieved by pecuniary compensation.”
Bender v. Rosman, 2023 MT 140, 532 P.3d 855.
· cites it 3× “3d 956 ; § 27-1-411, MCA. In the event of a breach, contracts for the sale of real property are specifically enforceable because pecuniary compensation is presumed inadequate.”
Peuse v. Malkuch, 911 P.2d 1153 (Mont. 1996).
· cites it 2× “Peuse reasons that in any event the District Court considered the Malkuchs’ new defenses and concluded they were not material to an award of summary judgment based on specific performance.”
Smith v. Johnson, 798 P.2d 106 (Mont. 1990).
· cites it 3× “Section 27-1-411(4), MCA, provides that specific performance may be compelled when the parties to a contract have expressly agreed in writing that specific performance shall be an available remedy. The buy/sell agreement signed by the parties expressly provided for a remedy of…”
Halcro v. Moon, 733 P.2d 1305 (Mont. 1987).
· cites it 3× “Section 27-1-411(4), MCA, provides that specific performance may be compelled when the parties to a contract have expressly agreed in writing that specific performance shall be an available remedy.”
McDonald v. Cosman, 2000 MT 126, 6 P.3d 956.
· cites it 3× “Section 27-1-411, MCA. Contracts for the sale of real property are specifically enforceable because “[ijt is to be presumed that the breach of an agreement to transfer real property cannot be adequately relieved by pecuniary compensation.”
Baker v. Berger, 873 P.2d 940 (Mont. 1994).
· cites it 3× “” Section 27-1-411(2), MCA. In addition, “[i]t is to be presumed that the breach of an agreement to transfer real property cannot be adequately relieved by pecuniary compensation.”
Aveco Props., Inc. v. Nicholson, 747 P.2d 1358 (Mont. 1987).
· cites it 3× “ISSUE 4 DID THE DISTRICT COURT PROPERLY DETERMINE THAT AVECO IS ENTITLED TO SPECIFIC PERFORMANCE (ACCELERATION OF PAYMENTS) UNDER THE CONTRACT FOR DEED? Section 27-1-411, MCA, provides that: “Except as otherwise provided in this part and Title 28, chapter 2, parts 16 and 17, the…”
v. Smith-Cote (In re Cote), 2019 MT 10, 433 P.3d 221.
· cites it 2× “…be equitable. Many statutes in Montana codify equitable remedies. Some examples include: • specific performance, § 27-1-411, MCA ; 3 • injunctions, §§ 27-19-101 through -406, MCA ; • abatement as a remedy for public and private nuisances, §§ 27-30-202 and -301, MCA ; •…”
Silva v. McGuinness, 615 P.2d 879 (Mont. 1980).
· cites it 3× “Section 27-1-411(2), MCA. Money damages are presumed an inadequate remedy for breach of an agreement to transfer real property.”
Mont. Code Ann. § 27-1-411(2): 7 cases
Boyne USA, Inc. v. Spanish Peaks Dev., LLC, 2013 MT 1, 292 P.3d 432.
“Section 27-1-419, MCA. ¶65 Boyne had fulfilled its obligation to transfer 25 acres of property and stood ready to pay SPD for the Lone Peak property.”
Double AA Corp. v. Newland & Co., 905 P.2d 138 (Mont. 1995).
“Section 27-1-411(2), MCA. More specifically, in contracts involving the sale of land, “[i]t is to be presumed that the breach of an agreement to transfer real property cannot be adequately relieved by pecuniary compensation.”
Baker v. Berger, 873 P.2d 940 (Mont. 1994).
“” Section 27-1-411(2), MCA. In addition, “[i]t is to be presumed that the breach of an agreement to transfer real property cannot be adequately relieved by pecuniary compensation.”
Silva v. McGuinness, 615 P.2d 879 (Mont. 1980).
“Section 27-1-411(2), MCA. Money damages are presumed an inadequate remedy for breach of an agreement to transfer real property.”
Mont. Code Ann. § 27-1-411(3): 1 case
Mont. Code Ann. § 27-1-411(4): 7 cases
Marco & Co. v. Deaconess/Billings Clinic Health Sys., 1998 MT 26, 954 P.2d 1116.
“Specific Performance: ¶20 Section 27-1-411(4), MCA, establishes that specific performance may be compelled when the parties to a contract have expressly agreed in writing that specific performance shall be an available remedy.”
Peuse v. Malkuch, 911 P.2d 1153 (Mont. 1996).
“Peuse reasons that in any event the District Court considered the Malkuchs’ new defenses and concluded they were not material to an award of summary judgment based on specific performance.”
Smith v. Johnson, 798 P.2d 106 (Mont. 1990).
“Section 27-1-411(4), MCA, provides that specific performance may be compelled when the parties to a contract have expressly agreed in writing that specific performance shall be an available remedy. The buy/sell agreement signed by the parties expressly provided for a remedy of…”
Halcro v. Moon, 733 P.2d 1305 (Mont. 1987).
“Section 27-1-411(4), MCA, provides that specific performance may be compelled when the parties to a contract have expressly agreed in writing that specific performance shall be an available remedy.”
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