Mont. Code Ann. » TITLE 28. CONTRACTS AND OTHER OBLIGATIONS · CHAPTER 2. CONTRACTS · Part 7. Illegal Objects and Provisions
Montana Code Annotated

Mont. Code Ann. § 28-2-703 (2026)

Contracts In Restraint Of Trade Generally Void

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 28
  3. CHAPTER 2
  4. Part 7
  5. 28-2-703 Contracts in restraint of trade generally void

TITLE 28. CONTRACTS AND OTHER OBLIGATIONS

CHAPTER 2. CONTRACTS

Part 7. Illegal Objects and Provisions

Contracts In Restraint Of Trade Generally Void

28-2-703. Contracts in restraint of trade generally void. Any contract by which anyone is restrained from exercising a lawful profession, trade, or business of any kind, otherwise than is provided for by 28-2-704 or 28-2-705, is to that extent void.

History: En. Sec. 2246, Civ. C. 1895; re-en. Sec. 5057, Rev. C. 1907; re-en. Sec. 7559, R.C.M. 1921; Cal. Civ. C. Sec. 1673; Field Civ. C. Sec. 833; re-en. Sec. 7559, R.C.M. 1935; R.C.M. 1947, 13-807.

Notes of Decisions
Cited in 25 cases (3 in the last 5 years), 1979–2025 · leading case: Daniels v. Thomas, Dean & Hoskins, Inc., 804 P.2d 359 (Mont. 1990).
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Daniels v. Thomas, Dean & Hoskins, Inc., 804 P.2d 359 (Mont. 1990). · cites it 36× “Whether the restrictive covenant in the TD & H buy-sell agreement is void under § 28-2-703, MCA. On cross-appeal, Daniels raises the following issue: Whether the District Court erred by not awarding Daniels his attorney's fees.”
State Med. Oxygen & Supply, Inc. v. Am. Med. Oxygen Co., 782 P.2d 1272 (Mont. 1989). · cites it 30× “), appeals the January 19, 1989 decision of the District Court of the Eighth Judicial District, Cascade County, finding that plaintiff’s nondisclosure agreement violated § 28-2-703, MCA, and granting summary judgment in favor of defendants — American Medical Ox *72 ygen Co.”
Montana Mountain Prods. v. Curl, 2005 MT 102 (Mont. 2005). · cites it 14× “¶10 Section 28-2-703, MCA, states, “Any contract by which anyone is restrained from exercising a lawful profession, trade, or business of any kind, otherwise than is provided for by 28-2-704 or 28-2-705, is to *10 that extent void.” Sections 28-2-704 and 28-2-705, MCA, apply to…”
Dobbins, DeGuire & Tucker, P.C. v. Rutherford, MacDonald & Olson, 708 P.2d 577 (Mont. 1985). · cites it 15× “Section 28-2-703, MCA, provides in pertinent part: “Contracts in restraint of trade generally void.”
Access Organics, Inc. v. Hernandez, 2008 MT 4 (Mont. 2008). · cites it 11× “Because the District Comb granted the injunctive relief based solely on a conclusion of law, we will review the court’s conclusions of law for correctness.”
Bolz v. Myers, 651 P.2d 606 (Mont. 1982). · cites it 6× “He contends that section 28-2-703, MCA, forbids any restraint of business; that the exception found in section 28-2-704, MCA, does not apply to him because he was not a seller under the contract; and that Merle Myers, his wife, who did sign the contract, could not bind Mason not…”
Junkermier, Clark, Campanella, Stevens, P.C. v. Alborn, Uithoven, Riekenberg, P.C., 2016 MT 218 (Mont. 2016). · cites it 5× “Section 28-2-703, MCA; Mungas v. Great Falls Clinic, LLP, 2009 MT 426, ¶¶ 37-38 , 354 Mont.”
Wrigg v. Junkermier, Clark, Campanella, Stevens, P.C., 2011 MT 290 (Mont. 2011). · cites it 6× “3d 899 ; see §28-2-703, MCA. As a result, we construe strictly covenants not to compete.”
First Am. Ins. Agency v. Gould, 661 P.2d 451 (Mont. 1983). · cites it 9× “Section 28-2-703, MCA states: “Contracts in restraint of trade generally void.”
Haggerty v. Gallatin Cnty., 717 P.2d 550 (Mont. 1986). · cites it 6× “The applicable statute is Section 28-2-703, MCA. It provides: “Any contract by which anyone is restrained from exercising a lawful profession, trade, or business of any kind .”
O'NEILL v. Ferraro, 596 P.2d 197 (Mont. 1979). · cites it 5× “1947, now *218 section 28-2-703 MCA which declares void those contracts restraining anyone from “exercising a lawful profession, trade, or business of any kind,” subject to certain exceptions not relevant here.”
Treasure Chem., Inc. v. Team Lab'y Chem. Corp., 609 P.2d 285 (Mont. 1980). · cites it 5× “Section 28-2-703, MCA, prohibits restraints on trade: “Any contract by which anyone is restrained from exercising a lawful profession, trade, or business of any kind, otherwise than is provided for by 28-2-704 or 28-2-705, is to that extent void.”
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