Anthony v. Ausburn

Weltner, Justice.

The parties are landlord and tenant to a lease agreement which, under its terms, expired at midnight on August 31, 1983. The lease gave to the tenant “an option to renew by written notice 60 days in advance of the expiration of the lease.” On the 60th day before expiration, the tenant mailed a written notice purporting to exercise the option. The notice was received by the landlord on the following day. The tenant brought suit upon the landlord’s rejection of the notice as untimely, and the landlord’s motion for summary judgment was granted by the trial court.

The Court of…