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Re: WhyChat - Need help finding Montana Statute
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Posted by scott (65.25.99.145) on February 18, 2003 at 10:15:58:
In Reply to: WhyChat - Need help finding Montana Statute posted by LadynRed on February 18, 2003 at 09:23:29:
Ok I went through montana code and found a few things.
28-2-1501. When successive actions on same contract permitted. Successive actions may be maintained upon the same contract or transaction whenever after the former action a new cause of action arises therefrom.
==================however=====================
28-2-1711. When party may rescind. A party to a contract may rescind the same in the following cases only:
(1) if the consent of the party rescinding or of any party jointly contracting with him was given by mistake or obtained through duress, menace, fraud, or undue influence exercised by or with the connivance of the party as to whom he rescinds or of any other party to the contract jointly interested with such party;
(2) if, through the fault of the party as to whom he rescinds, the consideration for his obligation fails in whole or in part;
(3) if such consideration becomes entirely void from any cause;
(4) if such consideration, before it is rendered to him, fails in a material respect from any cause; or
(5) if all the other parties consent.
================but then the bad news===========
27-2-409. Acknowledgment of debt or part payment. (1) An acknowledgment or the part payment of a debt is sufficient evidence to cause the relevant statute of limitations to begin running anew.
(2) An acknowledgment must be contained in some writing signed by the party to be charged thereby.
(3) Part payment is any payment of principal or interest.
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IT sppears partial payment does restart the SOL but the person can claim duress. If I am wrong then I am sure someone will point it out.
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