§ 25-10-107 Costs when tender was made before commencement of action

Codes > Montana Code > Title 25 > Chapter 10 : Part 1 > 25-10-107 Costs

25-10-107. Costs when tender was made before commencement of action

    When, in an action for the recovery of money only, the defendant alleges in the answer that before the commencement of the action the defendant tendered to the plaintiff the full amount to which the plaintiff was entitled and deposits in court for the plaintiff the amount tendered and the allegation is found to be true, the plaintiff cannot recover costs but shall pay costs to the defendant.