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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Grenfell v. Anderson, 1999 MT 272 (1999)

Citation
Grenfell v. Anderson, 1999 MT 272 (1999)
Parent Document
Grenfell v. Anderson, 1999 MT 272 (1999)
Jurisdiction
Montana (state)
Effective Date
1999-11-09

Other Sections in This Document (105)

Full Text

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¶ On November 15, 1991, Anderson sent notice to Bice that he, Anderson, was not in default with
Grenfell, and that rent under the sublease was due--which Bice apparently had remitted to his
attorney in light of the ongoing dispute. Eventually, by court order, Bice would pay rent to the
court pending the outcome of this litigation. Anderson also sent a letter to Grenfell, on November
15, demanding a key to the premises and for Grenfell to cure "all defaults." Grenfell asserted at
trial that the new keys to the premises were at all times available to Anderson at Grenfell’s place
of business--on condition that Anderson cure the default. The District Court found that Grenfell
did not advise Anderson of this, although Grenfell testified that on the day the locks were
changed, he left phone messages for Anderson at three different locations. Grenfell testified
further that if Anderson had cured his default, at any time following the lockout, he could have
retaken possession.