Hoffman v. Late

This is an action in unlawful detainer for the possession of certain business property, used as a cafe. The tenants’ defense is that they exercised an option to renew the lease and are entitled to retain possession for an additional year. The trial court, sitting without a jury, entered judgment for the plaintiff.

The appellants, Ealph Hoffman and his wife, were not originally parties to the lease. On August 31, 1951, Late leased the property to Lawrence Clark for a primary term of one year, “with an option for an additional five years from year to year.” The lease also provides that it cannot…