Tubbs v. Hendrickson

This is a motion by defendant to dismiss for failure to state a cause of action. The complaint alleges that plaintiff has for many years leased certain land from defendant for agricultural purposes and that on February 7, 1968 plaintiff and defendant executed a lease agreement for such premises which included a provision whereby plaintiff was given a first option to buy should defendant desire to sell the property. This agreement by its terms expired on December 31, 1972 but the complaint alleges that plaintiff continued in possession and defendant accepted the annual rent for 1973 *918and 1974…