Ray v. Midfield Park, Inc.

ON REHEARING

MADDOX, Justice.

The sole question presented here is: Was summary judgment appropriate? The case has been here before. Ray and Plough v. Midfield Park, Inc., 289 Ala. 137, 266 So.2d 291 (1972). The facts surrounding the controversy are contained in that opinion and are not set out fully here, but succinctly stated, the dispute involves the question of whether the lessee gave notice to renew his lease within the time set out in the lease.

Lessor claims that lessee failed to give proper notice to renew and filed a declaratory judgment action to have its rights determined. The matter…