Duffy v. Casady

Knudson, J.:

Timothy D. Duffy and Carrol A. Duffy brought suit again John T. Casady, alleging termination of a written lease executed on June 27, 1975, and requesting damages or rent from Casady as a holdover tenant. The gravamen of their action is that Casady failed to timely exercise an option to extend the lease, thereby allowing the lease to expire under its express terms. The district court, relying primarily upon Fleming Companies, Inc. v. Equitable Life Ins. Co., 16 Kan. App. 2d 77, 818 P.2d 813 (1991), applied principles of equity and concluded the tenant’s untimely exercise of the…