GEO. B. SMITH CHEMICAL WORKS, INC. v. Simon

OPINION

Respondent’s predecessor in interest leased unimproved desert land to appellant for a ten-year term. Appellant was given the right to extend the lease for three successive terms thereafter “provided that with respect to each extended term the Lessee shall at the commencement of said, term be operating a manufacturing plant on the demised premises.” (Emphasis added.)

Appellant erected a plant on the premises and, at the conclusion of its initial term, timely sought an extension pursuant to the provisions of the lease. Although the plant was operating at the commencement of the extended…