King v. Dalton Motors, Inc.

Dell, Chief Justice.

This is a declaratory judgment action instituted for the purpose of determining the validity of option provisions “to extend this lease” and “to purchase said property”; and to have the option provisions contained in the lease stricken and declared null and void.

On December 22, 1958, Walter Shirley, as lessor, and the defendant, Dalton Motors, Inc., as lessee, entered into a written lease covering certain business property owned by Shirley. The lease, which was for a 5-year term commencing January 1, 1959, contained the following provision:

“Lessor agrees to give tenant a…