Ardito v. Howell

Seitz, Vice-Chancellor:

The question is whether an option to purchase contained in a lease for a term with a renewal or extension provision can be exercised after the expiration of the original term but during the renewal or extension period.

Since this matter arises on demurrer the allegations of the bill, which are here taken to be true, must be narrated.

Complainant, Alexander P. Ardito, on August 18, 1944, entered into an agreement with the defendant Nathaniel W. Howell whereby the defendant leased the property which he owned, known as 406 Rowland Park Boulevard, Carr-croft, Delaware, to the…