Waller Oil Co. v. Brown

FRED W. JONES, Jr., Judge,

dissenting:

Under the reasoning of the majority, the lessor released the lessee from all obligations under the lease (except for payment of rent) simply because the lessee did not choose to remain on the lease premises another seven years. The essence of tacit reconduction is legally presumed continuation of the old agreement under all the same conditions except for duration. The “express intent to the contrary,” which is jurisprudentially required to defeat recon-duction, contemplates more than mere repudiating the original term of duration, as occurred here. Thus,…