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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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¶ The language found in the Anderson-Houldson sublease, however, is irrelevant in determining whether
Grenfell is liable to Anderson for lost profits. Grenfell was not a party to the sublease. At no time did Anderson
present the sublease agreement to Grenfell for his approval, and thereby mislead Grenfell as to the nature of the
sublease. Furthermore, no specific provision in the Grenfell-Anderson lease required that Anderson seek
approval--and by inference seek review--of any subleases he may have entertained. Rather, the lease only
permitted Grenfell to approve or disapprove the lessee's "use" or change in the "use" of the premises. Even so,
it is unclear from the lease, as well as the course of performance between the parties, under what circumstances
a "change of use" would occur requiring Grenfell’s approval--let alone a review and approval of a sublease
agreement between Anderson and a third party.