Felder v. Hall Bros.
Supreme Court of Arkansas
Appeal from Lee Circuit Court; B. J. Williams, special Judge; The use of the words “to renew” in the lease puts it within the line of decisions which requires a new lease.
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Appeal from Lee Circuit Court; B. J. Williams, special Judge; The use of the words “to renew” in the lease puts it within the line of decisions which requires a new lease. The right to renewal was conditioned on performance by the lessees of their covenants. 134 Ark. 505; 143 Ark. 559; 99 Ark. 193; 93 Ark. 472; 44 Ark. 532. 140 Ark. 619 holds that the lease expressly states that a new lease shall be executed, or1 that the additional term shall be on terms not defined and settled by the original lease, then the provision relative to the additional term will he construed as granting to the…
1Opinion of the CourtSmith, J.
This is an action of unlawful detainer; and while this is the second appeal in the case (Felder v. Hall Bros. Co., 146 Ark. 94), the opinion in the former appeal has no hearing on the issues now presented for decision.
The litigation arises out of the construction of a lease contract. Omitting formal parts and certain recitals which admittedly have no bearing on the points in issue, the contract reads as follows:
“That the said Jonas Felder and wife hereby lease to said Hall Bros. Co. for a period of eight years beginning January the first, 1912, and terminating Dec. 31, 1919, upon the terms,…
2Cases cited21 opinions
- Cunningham v. PatteeMassachusetts Supreme Judicial Court · 1868
- Leavitt v. MaykelMassachusetts Supreme Judicial Court · 1909
- Fair v. Hartford Rubber Works Co.Supreme Court of Connecticut · 1920
- Kollock v. ScribnerWisconsin Supreme Court · 1897
- Howell v. City of Hamburg Co.California Supreme Court · 1913
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3Cited by9 opinions
- Lutterloh v. PattersonSupreme Court of Arkansas · 1947
- Keating v. MichaelSupreme Court of Arkansas · 1922
- Borden Mining Co. v. H. & W. A. Hitchins Coal Co.Court of Appeals of Maryland · 1932
- Brown v. HoffmanSupreme Court of Colorado · 1981
- American Samoa Government v. South Pacific Island Airsystems, Inc.High Court of American Samoa · 1995
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