Cafferty, Clobes, Meriweather & Sprengel, LLP v. XO Communications Services, LLC

Dist. Ct. did not err in dismissing for failure to state cause of action plaintiff’s breach of contract action, alleging that defendant wrongfully charged plaintiff termination fee for canceling of contract after deadline for doing so. Terms of contract called for automatic renewal of contract if plaintiff failed to give notice of cancellation at least 30 days prior to expiration of contract and further called for plaintiff to pay termination fee where, as here, plaintiff gave cancellation notice after deadline for doing so. Ct. rejected plaintiff’s contention that contract required defendant to give actual date of automatic renewal of contract in its monthly reminders to plaintiff of automatic-renewal feature of contract.