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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Enz v. Raelund, 419 P.3d 674 (2018)

Citation
Enz v. Raelund, 419 P.3d 674 (2018)
Parent Document
Enz v. Raelund, 419 P.3d 674 (2018)
Jurisdiction
Montana (state)
Effective Date
2018-06-05

Other Sections in This Document (99)

Full Text

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¶ 67 Whether a writing transferring an interest in real estate is a ***421contract of sale or an option to purchase depends not only on particular words and phrases, but also on the parties' intention to be derived from the instrument itself by consideration of its parts, and when that is doubtful, by the circumstances attending it. Pollard v. Bozeman , 228 Mont. 176, 180, 741 P.2d 776, 779 (1987) (citations omitted). An option to purchase is not a sale or even an agreement for a sale; it is a right of election to exercise a privilege, and only when the privilege has been exercised does a contract of sale exist. Pollard , 228 Mont. at 180, 741 P.2d at 779 (citations omitted).