Upon occupancy, the respondents delivered a security deposit in the
amount of $300. On March 8, 1989, the respondents received a
statement of deductions from their security deposit. On June 12,
1989, they filed a complaint in Justice Court in Hill County. The
appellant contested the Hill County venue on the grounds that the
performance of the agreement took place in Yellowstone County, the
defendant resides in Yellowstone County, and that the obligation
to pay, if there indeed was one, was incurred in Yellowstone
County.
While defendant resides in Yellowstone County, and the
property that is the subject of the litigation is located in
Yellowstone County, performance of the agreement is not limited to
the venue of the residence of the owner and the situs of the
property under these facts. Section 25-31-202, MCA, controls
actions based on contract or other obligation. That section
provides as follows:
When the defendant or all of the defendants, if there be
more than one, reside in another county than that in
which the right of action accrues and the action be for
damages for violation of an express or implied contract
or for money due on an express or implied contract, debt,
note, or account, the action may be commenced and,
subject to the right to change the place of trial, as
provided in part 3 of this chapter, may be tried in the
county in which such contract or obligation is to be or
was to have been performed or such money is to be or was
to have been paid or in which the defendant or any one
of the defendants resides; and the county in which the
obligation is incurred shall be deemed to be the county
in which it is to be performed or paid unless there is
a special contract to the contrary.
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