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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Klein v. Auto Parcel Delivery Co., 192 Ky. 583 (1921)

Citation
Klein v. Auto Parcel Delivery Co., 192 Ky. 583 (1921)
Parent Document
Klein v. Auto Parcel Delivery Co., 192 Ky. 583 (1921)
Jurisdiction
Kentucky (state)
Effective Date
1921-10-21

Full Text

1,829 chars
It will be observed that the quoted terms of the lease confers upon the lessee an option “to renew” it for a similar period of five years, and that they do not, in express terms, give him an option or privilege “to extend” the original term for a similar period on payment of the additional stipulated rent; and the old and much mooted question as to the effect of a holding over by the tenant and the acceptance of the rent provided for the elongated period upon a lease containing a stipulation for its renewal, is again presented. A technical difference is recognized by many of the courts between the effect of a stipulation for the “renewal” of a lease and one for its “extension,” while others treat them as practically the same in legal effect. 24 Cyc. 1018-19, and 16 R C. L. 895. The courts which recognize the distinction generally hold that where a renewal is provided for a new lease should be executed, or at any rate the lessee should do everything required of him to procure the execution of a new one, in which case the failure and refusal of the landlord to execute it would perhaps work an estoppel against him; and the same courts hold generally that a holding over by the lessee is a sufficient exercise of his option or privilege “to extend.” In other words the courts, which so hold, say .that in the one case a new lease must be executed, or its 'execution legally excused, and in the other one no re-execution of the lease is required. 16 R L. C. 894-895; Kozy Theatre Co. v. Love, 191 Ky. 595; Gault v. Carpenter, 187 Ky. 25; Hunt v. McChord, 179 Ky. 1; Mullins v. Nordlow, 170 Ky. 169; Miller v. Albany Lodge, 168 Ky. 755; Grant v. Collins, 157 Ky. 36; Ky. Lumber Co. v. Newell & Co., 32 Ky. L. R. 396; Brown v. Samuels, 24 Ky. L. R. 1216, and Elliott on Contracts, 1913 edition, volume 5, section 4557.