25-2-121. Contracts. - Montana Statutes

     25-2-121. Contracts. (1) The proper place of trial for actions upon contracts is either:
     (a) the county in which the defendants, or any of them, reside at the commencement of the action; or
     (b) the county in which the contract was to be performed. The county in which the contract was to be performed is:
     (i) the county named in the contract as the place of performance; or
     (ii) if no county is named in the contract as the place of performance, the county in which, by necessary implication from the terms of the contract, considering all of the obligations of all parties at the time of its execution, the principal activity was to take place.
     (2) Subsections (2)(a) through (2)(d) do not constitute a complete list of classes of contracts; if, however, a contract belongs to one of the following classes, the proper county for such a contract for the purposes of subsection (1)(b)(ii) is:
     (a) contracts for the sale of property or goods: the county where possession of the property or goods is to be delivered;
     (b) contracts of employment or for the performance of services: the county where the labor or services are to be performed;
     (c) contracts of indemnity or insurance: the county where the loss or injury occurred or where a judgment is obtained against the assured or indemnitee or where payment is to be made by the insurer;
     (d) contracts for construction or repair: the county where the object to be constructed or repaired is situated or is to be built.

     History: En. Sec. 20, p. 46, Bannack Stat.; amd. Sec. 20, p. 138, L. 1867; en. Sec. 25, p. 31, Cod. Stat. 1871; re-en. Sec. 59, p. 52, L. 1877; re-en. Sec. 59, 1st Div. Rev. Stat. 1879; re-en. Sec. 59, 1st Div. Comp. Stat. 1887; re-en. Sec. 613, C. Civ. Proc. 1895; re-en. Sec. 6504, Rev. C. 1907; re-en. Sec. 9096, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 395; re-en. Sec. 9096, R.C.M. 1935; R.C.M. 1947, 93-2904(part); amd. Sec. 9, Ch. 432, L. 1985; sec. 25-2-101, MCA 1983; redes. 25-2-121 by Code Commissioner, 1985.