Brief Osprey LLC v. Kelly-Moore Paint Co.

Brief Osprey LLC v. Kelly-Moore Paint Co. - Cameron Hartman...

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Cameron Hartman 9/17/09 Seat # 59 OSPREY L.L.C. v. KELLY- MOORE PAINT CO., INC. Facts: Osprey is a company based in based Edmond Oklahoma. On March 18, 1977, Kelly- Moore Paint Company, which is a California corporation, established a fifteen year lease for its Edmond, Oklahoma, store with Osprey's predecessor James and Victoria Fulmer. The terms of the lease gave the option to renew the lease for the length of time of five years each, as long as the notice of intent to renew the lease come at least 6 month before the expiration date of the lease. Also, according to the terms of the lease, the notice of intent “shall be given in writing and may be delivered either personally or by depositing the same in United States mail, first class postage prepaid, registered or certified mail, return receipt requested." Kelly-Moore extended the lease once after a fifteen year period without conflict, and this lease was due to expire on August 31, 1997. On Friday, February 28, 1997 (the last day she could renew the lease again according to the terms of her lease), Kelly-Moore faxed
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