DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
123308P.pdf 05/30/2014 Commercial Resource Group, LLC v. The J.M. Smucker Company
U.S. Court of Appeals Case No: 12-3308
U.S. District Court for the District of North Dakota - Fargo
[PUBLISHED] [Kelly, Author, with Riley, Chief Judge, and Colloton, Circuit
Judge]
Civil case - Contracts. As an option to terminate a lease, the lease's
cancellation provision must be strictly construed and requires exact
compliance, and when Smucker failed to terminate the parties' lease in
accordance with the lease provision, the district court erred in finding
it was unconscionable to enforce the lease given Smucker's substantial
compliance with the termination provision; the harm Smucker would suffer
was not so great as to rise the level of substantive unconscionability.
Judge Colloton, dissenting.