Smith v. Shelton
Mississippi Supreme Court
Appeal from circuit court of Humphreys county. Hon. S. F. Davis, Judge. Action by W. S. Smith against W. L. Shelton. Judgment for defendant, and plaintiff appeals. Appellee, in his brief, propounds a question as to the meaning of the language: “Both the party of the first part and the party of the second part shall notify the other party within sixty of the termination of lease if by any reason that it cannot be renewed for one or more years.”
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Appeal from circuit court of Humphreys county. Hon. S. F. Davis, Judge. Action by W. S. Smith against W. L. Shelton. Judgment for defendant, and plaintiff appeals. Appellee, in his brief, propounds a question as to the meaning of the language: “Both the party of the first part and the party of the second part shall notify the other party within sixty of the termination of lease if by any reason that it cannot be renewed for one or more years.” Substituting the grammatical word “either” for the word “both,” which is an ungrammatical use of the word, and inserting the word “days” after “sixty,”…
1Opinion of the CourtEthridge, J.
The appellant leased a building from one E. L. Edwards in which the appellee was doing business, under a lease expiring April 21,1921, which lease of the appellee contained the following clause:
“Both the party of the first part and the party of the second part shall notify the other party within sixty days of the termination of the lease if for any reason it cannot be renewed for one or more years.”
The appellant’s lease was made to begin on April 1, 1921, the time that the appellee’s lease ended, but the ap-pellee contended that the above-quoted clause gave him an option of renewing the lease…
2Cases cited2 opinions
- Pinnix v. JonesMississippi Supreme Court · 1921
- Stollenwerch v. EureMississippi Supreme Court · 1919