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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¶ Due to the patent uncertainty regarding written notice in the lease between Grenfell and Anderson--an
uncertainty acknowledged by both parties as well as the District Court--we are inclined to look to the
"interpretation that the parties, in performance of the lease, have placed on such provisions." 49 Am.Jur.2d
Landlord and Tenant § 59 (1995). See also Billings Clinic v. Peat Marwick Main & Co. (1990), 244 Mont. 324, 336,
797 P.2d 899, 907 (stating the general rule that where contractual duties are ambiguous, the intent of the parties
may be derived by examining their conduct); Johansen v. State, 1999 MT 187, ¶¶ 14-17, ___ Mont. ___, ¶¶ 14-
17, 983 P.2d 962, ¶¶ 14-17 (affirming District Court’s finding that course of dealing between parties established
that lease payment was effective the day it was placed in the mail).

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