28-3-203. When several contracts taken together. Several contracts relating to the same matters, between the same parties, and made as parts of substantially one transaction are to be taken together.
Montana Code Annotated
Mont. Code Ann. § 28-3-203 (2026)
When Several Contracts Taken Together
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TITLE 28. CONTRACTS AND OTHER OBLIGATIONS
CHAPTER 3. INTERPRETATION OF CONTRACTS
Part 2. General Rules of Interpretation
When Several Contracts Taken Together
History: En. Sec. 2207, Civ. C. 1895; re-en. Sec. 5031, Rev. C. 1907; re-en. Sec. 7533, R.C.M. 1921; Cal. Civ. C. Sec. 1642; Field Civ. C. Sec. 807; re-en. Sec. 7533, R.C.M. 1935; R.C.M. 1947, 13-708.
Notes of Decisions
Cited in 22
cases (6 in the last 5 years), 1979–2026 · leading case: Tin Cup Cnty. Water v. Garden City Plumbing & Heating, Inc., 2008 MT 434, 200 P.3d 60.
Tin Cup Cnty. Water v. Garden City Plumbing & Heating, Inc., 2008 MT 434, 200 P.3d 60. “DJA contends that the contract obligated it only to supervise and inspect Garden City’s construction. ¶32 Several contracts relating to the same matters, between the same parties, and made as parts of substantially one transaction, may be taken together for the purpose of…”
Daines v. Knight, 888 P.2d 904 (Mont. 1995). “” Section 28-3-203, MCA. The September 16,1981, agreements were related to the same matters, were between the same parties, and were part of the same transaction.”
Rumph v. Dale Edwards, Inc., 600 P.2d 163 (Mont. 1979). “1947, now section 28-3-203 MCA, provides: “Several contracts relating to the same matters, between the same parties, and made as parts of substantially one transaction are to be taken together.”
Houden v. Todd, 2014 MT 113, 324 P.3d 1157. “” Section 28-3-203, MCA. When the relationship between documents related to an agreement is close, they should be viewed as one in order to determine the true intent of the parties.”
DeNiro v. Gasvoda, 1999 MT 129, 982 P.2d 1002. “Section 28-3-203, MCA, requires that several contracts relating to the same matters, between the same parties, and made as part of substantially one transaction are to be taken together for purposes of interpreting the scope of the contractual agreement between the parties.”
Knutson v. Bitterroot Int'l Sys., Inc., 2000 MT 203, 5 P.3d 554. ““The language of a contract is to govern its interpretation if the language is clear and explicit and does not involve an absurdity.”
First Montana Title Co. v. North Point Square Ass'n, 782 P.2d 376 (Mont. 1989). “Section 28-3-203, MCA. The District Court noted that there was a condition precedent to the payment of the sale of proceeds: The mortgagees, through the escrow agent, had to deliver to the optionee good and marketable title.”
Edward v. Prince, 719 P.2d 422 (Mont. 1986). “Section 28-3-203, MCA, provides that several contracts relating to the same matters and made as substantially one transaction are to be taken together.”
Montana Health Network, Inc. v. Great Falls Orthopedic Assocs., 2015 MT 186, 353 P.3d 483. “” Section 28-3-203, MCA. As explained by the District Court, “|h]ere, the Plan and Adoption Agreement are not mutually exclusive.”
O'Brien v. O'Brien, 2022 MT 246, 532 P.3d 831. “” Knutson, ¶ 15 (“The court may not do violence to a complete, unambiguous contract by consolidating it with another writing if the effect of doing so would be to avoid an essential part of the contract.”
B-Bar Tavern Inc. v. Prairie Mountain Bank (In re B-Bar Tavern Inc.), 497 B.R. 84 (Bankr. D. Mont. 2013). “PMB cites MCA §§ 28-3-203, 28-3-301, and 28-3-402 allow for the Court to refer to the assignment of leases and rents, the personal guarantys of Plaintiffs president Richard Barnes for the loans made by PMB to Barnes, Inc.”
Mehring v. Goudreau, 2021 MT 313N, 500 P.3d 1232. “” Section 28-3-203, MCA. Contracts “may be explained by reference to the circumstances under which it was made and the matter to which it relates.”
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