Mont. Code Ann. » TITLE 28. CONTRACTS AND OTHER OBLIGATIONS · CHAPTER 2. CONTRACTS · Part 1. General Provisions
Montana Code Annotated

Mont. Code Ann. § 28-2-101 (2026)

Contract Defined

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 28
  3. CHAPTER 2
  4. Part 1
  5. 28-2-101 Contract defined

TITLE 28. CONTRACTS AND OTHER OBLIGATIONS

CHAPTER 2. CONTRACTS

Part 1. General Provisions

Contract Defined

28-2-101. Contract defined. A contract is an agreement to do or not to do a certain thing.

History: En. Sec. 2090, Civ. C. 1895; re-en. Sec. 4965, Rev. C. 1907; re-en. Sec. 7467, R.C.M. 1921; Cal. Civ. C. Sec. 1549; Field Civ. C. Sec. 744; re-en. Sec. 7467, R.C.M. 1935; R.C.M. 1947, 13-101.

Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1986–2023 · leading case: Albinger v. Harris, 2002 MT 118 (Mont. 2002).
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Albinger v. Harris, 2002 MT 118 (Mont. 2002). · cites it 2× “Sections 28-2-101 and 28-2-102, MCA. An exchange of promises creates a contract to marry, albeit an unenforceable one.”
Lenz v. FSC Sec., 2018 MT 67 (Mont. 2018). “The threshold validity and enforceability of an arbitration agreement is a question of law but the limited role of the court is to enforce and give effect to the lawful agreement of the parties.”
Rocky Mountain Bank v. Stuart, 928 P.2d 243 (Mont. 1996). · cites it 2× “Therefore, a trust indenture, like a mortgage, is a contract — an agreement between two or more parties to do, or not to do, something — by which property is pledged, without delivery of title or possession, for the performance of an act.”
State v. R. Collins, 2023 MT 78 (Mont. 2023). “1 The narrow issue 1 See similarly § 46-12-204(2), MCA (court may not accept a guilty or nolo plea “without first determining that the plea is voluntary and not the result of force or threats or .”
Jacobson v. W. Montana Prod. Credit Ass'n, 643 F. Supp. 391 (D. Mont. 1986). · cites it 2× “Mont.Code Ann. § 28-2-101 (1985). Was there an agreement that defendants would bear the risk of loss? According to the plaintiff, Schmidthuber persuaded him to sell his cows, to deal in yearlings, to finance with the PCA, to execute the hedging agreements, and to go into the…”
Demarest v. Broadhurst, 2004 MT 147 (Mont. 2004). “Roberta did not sue for return of the property - she instead sued for its value. The law implies that one who keeps the property of another has the duty, which is the same as an obligation, to pay for it.”
CR Weaver v. Tri-Cnty. Implement, Inc., 2013 MT 3009 (Mont. 2013). · cites it 3× “” Section 28-2-101, MCA. Without an agreement between Weaver and Tri-County regarding the vehicle repairs, individual liability for breach of contract by Weaver does not lie.”
Hillerich & Bradsby Co. v. Ace Am. Ins., 975 F. Supp. 2d 1184 (D. Mont. 2013). · cites it 2× “” Mont.Code Ann. § 28-2-101; see generally Kluver, *1188 293 P.”
Cunningham v. Harding, 1999 MT 239N (Mont. 1999). · cites it 2× “§ 28-2-101, MCA. The essential elements of a contract are: (1) identifiable parties capable of contracting; (2) their consent; (3) a lawful object; and (4) a sufficient cause or consideration.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.