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Contracts Keyed to Dawson
Commercial Resource Group, LLC v. The J.M. Smucker Co.
Citation:
753 F.3d 790.Facts
In March 2001, Smucker entered into a lease with CRG for a commercial building in West Fargo, North Dakota. In 2005, the parties negotiated an amendment to the lease in which the lease automatically renewed on June 1st of each year unless Smucker provided written notice by January 1st. On September 15, 2006, CRG sent notice to Smucker of a change in address for lease payments and correspondence. Smucker sent all subsequent lease payments to the new address. On December 22, 2009, Smucker sent a termination notice via FedEx to CRG’s old address. On December 23, 2009 FedEx notified Smucker that it was unable to complete delivery and requested an alternative address. On December 30, 2009, FedEx notified Smucker that the notice would be returned to sender. Smucker sent a second termination notice on January 4, 2010 to the new address and CRG received the notice on January 5, 2010. The second notice explained that the first notice had been returned undeliverable.
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