Trueman-Aspen Co. v. North Mill Investment Corp.

METZGER, Judge.

The issue in this forcible entry and de-tainer action is whether a tenant’s negligent failure timely to exercise an option extending a lease warrants application of the doctrine of equitable intervention. We conclude that it does not and, therefore, affirm the summary judgment entered in favor of plaintiff, Trueman-Aspen Company (Trueman), and against defendant, North Mill Investment Corporation, d/b/a Great Western Spirit Company (Great Western).

The facts are not in dispute. On April 5, 1977, Trueman leased to Great Western certain premises to be built in Aspen, Colorado, for…