28-3-102. What law and usage to govern interpretation. A contract is to be interpreted according to the law and usage of the place where it is to be performed or, if it does not indicate a place of performance, according to the law and usage of the place where it is made.
Montana Code Annotated
Mont. Code Ann. § 28-3-102 (2026)
What Law And Usage To Govern Interpretation
✓ current as of May 2026
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TITLE 28. CONTRACTS AND OTHER OBLIGATIONS
CHAPTER 3. INTERPRETATION OF CONTRACTS
Part 1. General Provisions
What Law And Usage To Govern Interpretation
History: En. Sec. 2211, Civ. C. 1895; re-en. Sec. 5035, Rev. C. 1907; re-en. Sec. 7537, R.C.M. 1921; Cal. Civ. C. Sec. 1646; Field Civ. C. Sec. 811; re-en. Sec. 7537, R.C.M. 1935; R.C.M. 1947, 13-712.
Notes of Decisions
Cited in 32
cases (5 in the last 5 years), 1979–2024 · leading case: Wamsley v. Nodak Mut. Ins. Co., 2008 MT 56 (Mont. 2008).
Wamsley v. Nodak Mut. Ins. Co., 2008 MT 56 (Mont. 2008). “We also noted § 28-3-102, MCA, provides that "`[a] contract is to be interpreted according to the law in [ sic ] [1] usage where it is to be performed or, if it does not indicate a place of performance, according to the law and usage of the place where it is made.”
Mitchell v. State Farm Ins., 2003 MT 102 (Mont. 2003). “He maintains that Restatement (Second) of Conflict of Laws § 6(1) (1971), requires that a court follow § 28-3-102, MCA, where, as in this case, there is a conflict between California law and Montana law.”
Tidyman's Manangement Servs. Inc. v. Davis, 2014 MT 205 (Mont. 2014). “We concluded that § 28-3-102, MCA, provided a statutory directive that Montana law should apply if performance of the contract occurred in Montana.”
Modroo v. Nationwide Mut. Fire Ins., 2008 MT 275 (Mont. 2008). “" Section 28-3-102, MCA. ¶ 56 In Mitchell v.”
Burchett v. MasTec North Am., Inc., 2004 MT 177 (Mont. 2004). “¶13 Applying the first paragraph of § 6, we look to § 28-3-102, MCA, Montana's statutory directive for choice of law.”
Kemp v. Allstate Ins., 601 P.2d 20 (Mont. 1979). “, now section 28-3-102 MCA, which provides: “A contract is to be interpreted according to the law and usage of the place where it is to be performed; or, if it does not indicate a place of performance, according to the law and usage of the place where it is made.”
Great Am. Assurance Co. v. Discover Prop. & Cas. Ins., 779 F. Supp. 2d 1158 (D. Mont. 2011). “The court held Montana had such a directive in the form of Mont.Code Ann. § 28-3-102, which states, “A contract is to be interpreted according to the law and usage of the place where it is to be performed or, if it does not indicate a place of performance, according to the law…”
Polzin v. Appleway Equip. Leasing, Inc., 2008 MT 300 (Mont. 2008). “” Appleway argues that pursuant to § 28-3-102, MCA, the choice of law clause in Section 4.”
Youngblood v. Am. States Ins., 866 P.2d 203 (Mont. 1993). “2d 20, 24 ; Section 28-3-102, MCA. Here, the general policy language in the insurance contract requires American States to pay whatever damages are required in Montana; that is, the contract is to be performed in Montana.”
State Ex Rel. Bullock v. Philip Morris, Inc., 2009 MT 261 (Mont. 2009). “"); § 28-3-102, MCA ("A contract is to be interpreted according to the law and usage of the place where it is to be performed.”
Tucker v. Farmers Ins. Exch., 2009 MT 247 (Mont. 2009). “FIE seeks application of the place of performance test set forth in § 28-3-102, MCA, to determine which state's law governs the contract.”
Kussler v. Burlington N., Inc., 606 P.2d 520 (Mont. 1980). “Section 28-3-102, MCA, states: "A contract is to be interpreted according to the law and usage of the place where it is to be performed or, if it does not indicate a place of performance, according to the law and usage of the place where it is made.”
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