Duke v. Davenport

Tbe defendants challenge tbe correctness of tbe court’s conclusion of law to tbe effect that wdien tbe defendants failed to exercise tbeir option to extend the lease for an additional fifteen years or any part thereof, from tbe expiration of tbe first five years, by giving notice as required by the lease, but held over, they became and remained tenants at will until 28 February, 1954, and that tbeir occupancy since that time bas been wrongful.

Tbe plaintiffs argue and seriously contend that the judgment below should be affirmed on authority of Vanderford v. Foreman, 129 N.C. 217, 39 S.E. 839;…