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
Original Source: https://www.courtlistener.com/opinion/884898/grenfell-v-anderson/ ↗

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¶ The findings further indicate that "common law notice requirements are controlling," due to
the lack of guiding statutes or an express provision in the lease. Consequently, the District Court
followed the rule that "written notices should be sent in a manner that is reasonably calculated to
place a party on notice." This rule, however, does not address when such a notice can be deemed
effective as a matter of law; rather, it addresses how such notices should be sent. Thus, the
District Court’s finding that the "certified letter sent by Lessor to Lessee was reasonably
calculated to notify Lessee of the alleged default and was in substantial compliance with the
terms of the lease," fails to properly address the issue of whether written notice under the lease
requires actual receipt by Anderson.

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