Osprey LLC v. Kelly-Moore Paint Co. Supreme Court of Oklahoma 984 p.2d 194, 1999 Okla. Lexis 64





Case 1

Osprey LLC v. Kelly-Moore Paint Co.

Supreme Court of Oklahoma 984 p.2d 194, 1999 Okla. Lexis 64


The plaintiff, Osprey LLC gave commercial premises to the defendant, Kelly-Moore Paint Co. for lease. The lease agreement required that the defendant should ensure provision of a notice with intent to renew a license six months before the expiry of the lease agreement. Such a notice should be provided in person or through registered mail. The defendant faxed the notice on the last day of the six-month period despite claims from the plaintiff that they had not received the notice of renewal of the leased agreement.


Can notice provided through fax be termed as sufficient communication to the plaintiff given that the lease agreement demanded that the intent of renewal should be delivered in person or through first class mail?


The use of a fax served a similar function as the use of first class mail. The contract did not convey a technical concept in defining the means of delivery of the notice. The notice was deemed as received when it was faxed by the defendant.


The faxed notice effectively served the purpose that the defendant intended to undertake, which was to renew the lease agreement before expiration of the agreed period of renewal of lease. The alternative method, fax, served a similar purpose to one that would have been achieved if the defendant could have used first class mail or personal delivery of the notice of intent to renew the lease agreement before the expiration of the agreed period.


The court granted certiorari in favor of the defendant given that the fax was deemed as effective in serving a purpose similar to the delivery of the notice in person or using firs class mail.

















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