Montana Code Annotated

Mont. Code Ann. § 30-2-202 (2026)

Final Written Expression -- Parol Or Extrinsic Evidence

✓ current as of May 2026
Find cases: SyfertCases citing this section MT-LEGleg.mt.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar

TITLE 30. TRADE AND COMMERCE

CHAPTER 2. UNIFORM COMMERCIAL CODE SALES

Part 2. Form, Formation, and Readjustment of Contract

Final Written Expression -- Parol Or Extrinsic Evidence

30-2-202. Final written expression -- parol or extrinsic evidence. Terms with respect to which the confirmatory memoranda of the parties agree or which are otherwise set forth in a record intended by the parties as a final expression of their agreement with respect to such terms as are included therein may not be contradicted by evidence of any prior agreement or of a contemporaneous oral agreement but may be explained or supplemented:

(1) by course of dealing or usage of trade (30-1-205) or by course of performance (30-2-208); and

(2) by evidence of consistent additional terms unless the court finds the writing to have been intended also as a complete and exclusive statement of the terms of the agreement.

History: En. Sec. 2-202, Ch. 264, L. 1963; R.C.M. 1947, 87A-2-202; amd. Sec. 9, Ch. 200, L. 2025.

Notes of Decisions
Cited in 7 cases, 1979–2016 · leading case: Norwest Bank Billings v. Murnion, 684 P.2d 1067 (Mont. 1984).
Norwest Bank Billings v. Murnion, 684 P.2d 1067 (Mont. 1984). · cites it 22× “The relevant statute for this case is Section 30-2-202, MCA: “Final written expression — parol or extrinsic evidence.”
S & P Brake Supply, Inc. v. STEMCO LP, 2016 MT 324 (Mont. 2016). · cites it 6× “Section 30-2-202, MCA. This statute requires that a court make an “initial determination” whether the parties intended a written document to constitute the final expression of their agreement.”
Webcor Elec., Inc. v. Home Elec., Inc., 754 P.2d 491 (Mont. 1988). · cites it 11× “” Webcor’s source for this instruction is Section 30-2-202, MCA. However, we refuse to conclude that the District Court was required to give the instruction.”
Trad Indus., Ltd. v. Brogan, 805 P.2d 54 (Mont. 1991). · cites it 5× “The relevant statute addressing parol evidence is § 30-2-202, MCA: “Final written expression — parol or extrinsic evidence.”
Ag Sales v. Klose, 649 P.2d 447 (Mont. 1982). · cites it 12× “” Section 30-2-202, MCA, provides: *403 “Final written expression — parol or extrinsic evidence.”
Baldwin v. Stuber, 597 P.2d 1135 (Mont. 1979). · cites it 3× “1947, now section 30-2-202 MCA. This section is a provision of the Uniform Commercial Code which is applicable only to sales of "goods” and affords plaintiff no relief upon the sale of a business.”
Westmont Tractor Co. v. Viking Expl., Inc., 543 F. Supp. 1314 (D. Mont. 1982). · cites it 4× “The court’s analysis of the incorporation issue begins with recognition of the fact that resolution of the issue is guided by the prescriptions of the parol evidence rule as codified in § 30-2-202 M.C.A. (1979). 5 The initial inquiry is whether the October 9, 1980 Lease…”
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.