McAdoo v. Callum Bros.
Supreme Court of North Carolina
PROCEEDING under the landlord and tenant act heard on appeal at January Special Term, 1882, of Guilford Superior Court, before Oudger, J. The plaintiff on June 1st, 1879, leased to the defendants a store-room in one corner of his hotel with the cellar under it, for the term of one year thence next ensuing, for the sum of $200,.due in monthly parts, with condition for the surrender thereof on default of making any payment, and after five days’ notice, by a covenant concluding…
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PROCEEDING under the landlord and tenant act heard on appeal at January Special Term, 1882, of Guilford Superior Court, before Oudger, J. The plaintiff on June 1st, 1879, leased to the defendants a store-room in one corner of his hotel with the cellar under it, for the term of one year thence next ensuing, for the sum of $200,.due in monthly parts, with condition for the surrender thereof on default of making any payment, and after five days’ notice, by a covenant concluding in these words: “ YV. D. McADoo (the lessor) agrees with Callum Bros. & Co., (the lessees) that at the expiration of…
1Opinion of the Court
Smith, C. J.,
after stating the foregoing. We do not concur in His Honor’s interpretation of the plaintiff’s contract in reference to the optional renewal of the lease given to the defendants. The meaning of the clause allowing them the refusal of the premises for another year, like the not unusual covenant of renewal found in leases and of equivalent force, ascertained from the language employed to express the .common intent of the parties, is, that the defendants may have the rooms for the next succeeding year at their election on the same terms and conditions, and on payment of the same…
2Cases cited1 opinion
- Renoud v. DaskamSupreme Court of Connecticut · 1868
3Cited by22 opinions
- Dougherty v. . SprinkleSupreme Court of North Carolina · 1883
- Wellmaker v. WheatleySupreme Court of Georgia · 1905
- Kollock v. ScribnerWisconsin Supreme Court · 1897
- Levin v. Gladstein.Supreme Court of North Carolina · 1906
- Lutz v. . ThompsonSupreme Court of North Carolina · 1882
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