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Case_10-4[1] - in the lease contract that they “may” be...

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Case 10-4 Facts: An Oklahoma limited liability company (Osprey) has a claim filed against them by Kelly-Moore paint company because they claimed they did not effectively renew the lease in a timely manner. Issue: Osprey states they refused the fax because it was in the contract that it had to be certified mail or delivered in person. Kelly-Moore claims they faxed the letter to the right phone number and Osprey denied receiving it, however the phone company does show they did receive it, but just refused to accept it Law: The fax provides immediate personal communication as a letter would and it was stated
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Unformatted text preview: in the lease contract that they “may” be delivered personally or by certified or registered mail and that it “shall” be in writing Decision: • District court granted judgment in favor of Kelly-Moore • Court of civil appeals reversed the district court decision • Supreme court appealed and ruled in favor of Kelly-Moore Why: • The fax provided immediate written communication similar to person delivery and it was an effective method to exercise the renewal in a timely fashion....
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