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

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
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
Background image of page 1
This is the end of the preview. Sign up to access the rest of the document.

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....
View Full Document

This note was uploaded on 02/15/2012 for the course BLAW 1310 taught by Professor Hale during the Fall '11 term at Texas State.

Ask a homework question - tutors are online