Fleming Companies, Inc. v. Equitable Life Insurance

Pierron, J.:

Equitable Life Insurance Company of Iowa (Equitable) appeals from the summary judgment granted to Fleming Companies, Inc., (Fleming) on Fleming’s petition for declaratory judgment. Fleming had asked the district court to declare its exercise of an option to renew, contained in a certain lease agreement, effective notwithstanding it had given oral notice five weeks after the date expressed in the lease for the notice to have been given in writing.

The facts in this case are fairly detailed' but generally uncontested by the parties. In August 1958, Fleming and Equitable began a…