Montana Code 30-2-716. Buyer’s right to specific performance or recovery of goods
30-2-716. Buyer’s right to specific performance or recovery of goods. (1) Specific performance may be decreed where the goods are unique or in other proper circumstances.
Terms Used In Montana Code 30-2-716
- Buyer: means a person who buys or contracts to buy goods. See Montana Code 30-2-103
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Property: means real and personal property. See Montana Code 1-1-205
- Seller: means a person who sells or contracts to sell goods. See Montana Code 30-2-103
(2)The decree for specific performance may include such terms and conditions as to payment of the price, damages, or other relief as the court may deem just.
(3)The buyer has a right to maintain an action for the recovery of goods identified to the contract if after reasonable effort the buyer is unable to effect cover for such goods or the circumstances reasonably indicate that such effort will be unavailing or if the goods have been shipped under reservation and satisfaction of the security interest in them has been made or tendered. In the case of goods bought for personal, family, or household purposes, the buyer’s right to maintain an action for recovery of the goods vests upon acquisition of a special property, even if the seller had not then repudiated or failed to deliver.