Suss Pontiac-GMC, Inc., a Delaware corporation, Plaintiff-Appellee, v. Richard A. Boddicker, Defendant-Appellant., 208 P.3d 269

Summary

The court determined that the purchase option had been timely exercised by written notice sent via first class mail, even though the contract stated that notice was to be sent by "certified mail, return receipt requested." The alternative delivery method satisfied the parties' intent, even though it differed from the literal meaning of the contract language. The parties did not attach special significance to the method of delivery, and the contract language expresses nothing more than the reasonable intent to avoid potential disputes about timeliness and actual receipt. The alternative delivery method satisfied the reasonable intent of the parties and thus complied with the contract. Additionally, the lessor's argument that the lessee's letter contained a counteroffer instead of an unconditional exercise of the purchase option was refuted by the language of the letter.