Board v. B & B VENDING COMPANY

REYNOLDS, Justice.

Plaintiff’s suit for damages for defendant’s failure to renew plaintiff’s sublease was summarily terminated when the trial court sustained the interposed defense that plaintiff did not timely exercise his option for renewal. Concluding that the defense was not established as a matter of law, we reverse and remand.

Defendant B & B Vending Company leased from Morris Raffkind a portion of a brick building located at 515 West 10th Street in Amarillo. The lease, evidenced by a written instrument, was for a primary term ending December 31, 1972. Defendant was granted the option to…