Gibbs Realty & Investment Corp. v. Carvel Stores Realty Corp.

In this proceeding under G. L. c. 231A the judge ruled that an “option ... to renew” at an advance in rent contained in a ten year lease of November 18, 1953, from the plaintiff (Gibbs) to Carvel Stores Realty Corporation (Carvel) was an option to extend. The final decree accordingly established that the assignees of Carvel, who had exercised the option by giving the required notice, were entitled to continued possession under the lease notwithstanding that no instrument of renewal or extension had been executed.

The ruling was right. The lease provided: “Option is hereby given to the Lessee…