Contracts in restraint of trade generally void; Exception-sale of goodwill of business; Exception-dissolution of partnership
Section 28-2-703. Contracts in restraint of trade generally void.
Any contract by which anyone is restrained from exercising a lawful profession, trade, or business of any kind, otherwise than is provided for by 28-2-704 or 28-2-705, is to that extent void.
See https://leg.mt.gov/bills/mca/title_0280/chapter_0020/part_0070/sections_index.html
Section 28-2-704. Exception-sale of goodwill of business
(1) A person who sells the goodwill of a business may agree with the buyer to refrain from carrying on a similar business within the areas provided in subsection (2) so long as the buyer or any person deriving title to the goodwill from the buyer carries on a like business in the described areas.
(2) The agreement authorized in subsection (1) may apply in:
(a) the city where the principal office of the business is located;
(b) the county where the principal office of the business is located;
(c) a city in any county adjacent to the county in which the principal office of the business is located;
(d) any county adjacent to the county in which the principal office of the business is located; or
(e) any combination of the areas in subsections (2)(a) through (2)(d).
See https://leg.mt.gov/bills/mca/title_0280/chapter_0020/part_0070/sections_index.html
Section 28-2-705. Exception-dissolution of partnership
Partners may, upon dissolution of the partnership, agree that one or more of them may not carry on a similar business within the areas provided in 28-2-704(2).
See https://leg.mt.gov/bills/mca/title_0280/chapter_0020/part_0070/sections_index.html