Skip to main content
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

702 chars
¶ We therefore conclude that absent a statutory mandate or a controlling provision in the lease, Grenfell’s
decision to enforce the 10-day default cure period was effective only upon actual receipt of a written notice by
Anderson--whether hand delivered, mailed, or otherwise. The record clearly indicates that Anderson never
actually received the October 17, 1991 notice prior to the October 28, 1991 lockout. Grenfell in fact testified that
the certified letter was returned to him unclaimed and unopened. We therefore must hold that the District
Court’s conclusion that Anderson had actual notice, effective by Grenfell’s certified mailing alone, was
incorrect. This conclusion is reversed. Issue 2.