Roberts v. Canning

McINERNEY, Justice.

Mrs. Roberts instituted this action to quiet title to a leasehold estate. Canning, lessor and defendant in the trial court, cross-petitioned seeking to quiet title as owner of the premises. The trial court held that the lease expired by its express terms since the option to renew was not exercised thirty days prior to the expiration of the primary term. Judgment was rendered for Canning, and Roberts appeals.

Under the terms of the written lease, the lessee was granted the option of extending the primary term of the lease by written notice to the lessor at least thirty days…