Mont. Code Ann. » TITLE 28. CONTRACTS AND OTHER OBLIGATIONS · CHAPTER 10. AGENCY · Part 1. General Provisions
Montana Code Annotated

Mont. Code Ann. § 28-10-101 (2026)

Definitions Of Agent And Agency

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 28
  3. CHAPTER 10
  4. Part 1
  5. 28-10-101 Definitions of agent and agency

TITLE 28. CONTRACTS AND OTHER OBLIGATIONS

CHAPTER 10. AGENCY

Part 1. General Provisions

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.

Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 1979–2023 · leading case: Pilgeram v. Greenpoint Mortg. Funding, Inc., 2013 MT 354, 313 P.3d 839.
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Pilgeram v. Greenpoint Mortg. Funding, Inc., 2013 MT 354, 313 P.3d 839. · cites it 3× “Section 28-10-101, MCA. A nominee is a form of agent.”
Associated Mgmt. Servs., Inc. v. Ruff, 2018 MT 182, 424 P.3d 571. · cites it 2× “A principal may create an agency relationship by prior authorization or subsequent ratification of the representative acts of another.”
Brookins Ex Rel. Gotcher v. Mote, 2012 MT 283, 292 P.3d 347. · cites it 3× “Mote following his return to Superior, and whether the Hospital’s actions of allowing Dr. Mote to use its facilities would lead a person to believe Dr.”
Dick Anderson Constr., Inc. v. Monroe Prop. Co., 2011 MT 138, 255 P.3d 1257. · cites it 2× “¶21 An agent is one who represents another, § 28-10-101, MCA, and agency is either actual or ostensible, § 28-10-103(1), MCA.”
Stewart v. Casey, 595 P.2d 1176 (Mont. 1979). · cites it 3× “Section 28-10-101 MCA (formerly section 2-101, R.”
Luke v. Gager, 2000 MT 377, 16 P.3d 377. · cites it 6× “" Section 28-10-101, MCA. An agency can be either actual or ostensible.”
First Fid. Bank v. Matthews, 692 P.2d 1255 (Mont. 1984). · cites it 3× “Section 28-10-101, MCA, states: “An agent is one who represents another, called the principal, in dealings with third persons.”
Fitterer Sales Montana, Inc. v. Mullin, 2015 MT 272, 358 P.3d 885. · cites it 3× “A&C notes that Zach has never been employed by A&C, and A&C maintains that Zach did not have authority to make purchases on behalf of A&C.”
Weingart v. C & W Taylor P'ship, 809 P.2d 576 (Mont. 1991). · cites it 3× “Principal / Agent The appellants next contend that the Agreement to Share General Partnership Interest created an agency relationship to allow the Taylors to acquire the Weingart ranch for the mutual benefit of the five investors and that respondents were undisclosed principals.”
Mark R. Kiesel Living Trust v. Hyde, No. 9:22-cv-00109 (D. Mont. May 16, 2023). · cites it 2× “”2 Mont. Code Ann. § 28-10-101 . “Agency Because subject matter jurisdiction is based on diversity of citizenship, the Court 2 applies the substantive agency law of Montana, the forum state.”
Meigs v. City of Livingston, 833 F. Supp. 2d 1222 (D. Mont. 2011). · cites it 2× “” MontCode Ann. § 28-10-101. An agency may either be actual or ostensible.”
Mont. Code Ann. § 28-10-101(1): 1 case
Brookins Ex Rel. Gotcher v. Mote, 2012 MT 283, 292 P.3d 347. “Mote following his return to Superior, and whether the Hospital’s actions of allowing Dr. Mote to use its facilities would lead a person to believe Dr.”
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