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eBook details

• Title: Love v. Mon-O-Co Oil Corp.
• Author : Supreme Court of Montana
• Release Date : January 13, 1958
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

VENUE ? CONTRACTS ? CHANGE OF PLACE OF TRIAL. 1. Venue ? Application of "May" ? "Must" in statute. Quoted words, in statute providing that actions upon contract "may" be tried in county in which contract was to be performed, should not be given force of "must," and statute means that either county of defendants residence or county where contract was to be performed is proper county for trial of action and that if plaintiff chooses either of those counties defendant may not have action removed. 2. Contracts ? Place of performance of contract. Law does not require that parties to contract agree upon place for performance of their contract, but it permits them to so agree; and when, at time of contracting, parties have agreed upon particular county wherein they mutually intended their contract to be performed, such agreement will be respected and given effect. 3. Venue ? Application of performance exception in statute. Performance exception in venue statute applies only to such actions as are based upon contracts which plainly show, either by their express terms or by necessary implication therefrom, that contracting parties, at time of contracting, did mutually agree upon particular county other than that of defendants residence wherein they intended that their contract was to be performed.

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