Legal Opinion

Nutmeg Park Driving Corporation v. Fisk

Supreme Court of Connecticut

Decided December 18, 1908PublishedCited by 3 opinions

Action for the specific performance of a contract to renew a lease of the premises of the plaintiff, and for damages, brought to and tried by the Superior Court in Fairfield County, Robinson, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant.

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Action for the specific performance of a contract to renew a lease of the premises of the plaintiff, and for damages, brought to and tried by the Superior Court in Fairfield County, Robinson, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant. The plaintiff leased to the defendant certain premises known as Nutmeg Driving Park, for the term of two years from the first day of December, 1904, at the annual rental of 81,200, payable semi-annually in advance. The lease, which was in writing, contained the following provision: “It is further mutually agreed that…

1Opinion of the CourtPrentice, J.

The defendant contends that the court erred, in holding that under the terms of the lease of June, 1904, he, as the lessee, could avail himself of the option of renewal before its expiration, December 1st, 1906; in holding that he could be held responsible for the additional period of three years without his having done two things, to wit: first, given, on June 1st, 1906, written notice of his intention to avail himself of the option given him, and second, availed himself, on December 1st, 1906, of the option; and in holding that he could be held liable for the additional period of three…

2Cases cited2 opinions

  1. Guyer v. WarrenIllinois Supreme Court · 1898
  2. Brown v. SleeSupreme Court of the United States · 1881

3Cited by3 opinions

  1. Winestine v. Rose Cloak & Suit Co.Supreme Court of Connecticut · 1919
  2. Freiheit v. BrochSupreme Court of Connecticut · 1922
  3. Thomas v. YoungSupreme Court of Connecticut · 1909

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