Mont. Code Ann. » TITLE 28. CONTRACTS AND OTHER OBLIGATIONS · CHAPTER 3. INTERPRETATION OF CONTRACTS · Part 3. Intention of the Parties
Montana Code Annotated

Mont. Code Ann. § 28-3-305 (2026)

Contract Restricted To Its Apparent Objects

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  1. MCA Contents
  2. TITLE 28
  3. CHAPTER 3
  4. Part 3
  5. 28-3-305 Contract restricted to its apparent objects

TITLE 28. CONTRACTS AND OTHER OBLIGATIONS

CHAPTER 3. INTERPRETATION OF CONTRACTS

Part 3. Intention of the Parties

Contract Restricted To Its Apparent Objects

28-3-305. Contract restricted to its apparent objects. However broad may be the terms of a contract, it extends only to those things concerning which it appears that the parties intended to contract.

History: En. Sec. 2213, Civ. C. 1895; re-en. Sec. 5037, Rev. C. 1907; re-en. Sec. 7539, R.C.M. 1921; Cal. Civ. C. Sec. 1648; Field Civ. C. Sec. 813; re-en. Sec. 7539, R.C.M. 1935; R.C.M. 1947, 13-714.

Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 1984–2026 · leading case: Murray v. BEJ Minerals, 2020 MT 131, 400 Mont. 135.
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Murray v. BEJ Minerals, 2020 MT 131, 400 Mont. 135. · cites it 8× “” Section 28-3-305, MCA. Just as the “most fundamental guide to statutory construction” is common sense, First United Methodist Church v.”
Carbon Cnty. v. Union Reserve Coal Co., Inc., 898 P.2d 680 (Mont. 1995). · cites it 3× “Section 28-3-305, MCA. Contrary to the testimony of Donald Blackburn and Norbert Kmoch that Union Reserve received the entire mineral estate that Carbon County acquired through the tax deed, including silver and gold, Union Reserve only acquired the coal and the incidental right…”
Gray v. City of Billings, 689 P.2d 268 (Mont. 1984). · cites it 3× “Section 28-3-305, MCA; Custer v. Missoula Public Service Co.”
Lazy J Ranches Ltd. P'ship v. United States of Am. & United States Forest Serv., No. 2:23-cv-00067 (D. Mont. Jan. 22, 2026). · cites it 2× “” In Lazy J’s view, Section 28-3-305, which was in effect at the time the Easement was created, compliments today’s Section 70-17-106(2), and bolsters its argument that USFS “has no right to create a greater servitude than that provided for in the Easement.”
Cordero v. MT State Uni., 2024 MT 167. · cites it 2× “Section 28-3-305, MCA. ¶16 Because this is a matter of first impression in Montana, we note other jurisdictions have considered nearly identical agreements between students and universities.”
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