Suss Pontiac-GMC, Inc. v. Boddicker

Opinion by

Judge RUSSELL.

Defendant, Richard A. Boddicker, appeals from the trial court's summary judgment in favor of plaintiff, Suss Pontiac-GMC, Inc. We affirm and remand with directions.

I. Background

Suss leased real estate from Boddicker under a contract that contained a purchase option. The contract stated that Suss could exercise the option by notifying Boddicker of its intent to buy the property. The contract also stated that, if Suss did not exercise the option by June 1, 2006, the rental provisions would automatically renew for five years.

The contract contained the following notice…