1999 Minnesota Statutes

     336.2A-207 Course of performance or practical 
  construction. 

    (1) If a lease contract involves repeated occasions for 
 performance by either party with knowledge of the nature of the 
 performance and opportunity for objection to it by the other, 
 any course of performance accepted or acquiesced in without 
 objection is relevant to determine the meaning of the lease 
 agreement. 

    (2) The express terms of a lease agreement and any course 
 of performance, as well as any course of dealing and usage of 
 trade, must be construed whenever reasonable as consistent with 
 each other; but if that construction is unreasonable, express 
 terms control course of performance, course of performance 
 controls both course of dealing and usage of trade, and course 
 of dealing controls usage of trade. 

    (3) Subject to the provisions of section 336.2A-208 on 
 modification and waiver, course of performance is relevant to 
 show a waiver or modification of any term inconsistent with the 
 course of performance. 

    HIST: 1989 c 232 art 1 s 2A-207