Whitworth College, Incorporated v. City of Brookhaven, a Municipal Corporation

Filed April 30, 1954, the suit was for specific performance of an option to purchase property, which the City had, on February, 4, 1941, leased to the plaintiff “for an annual rental of one dollar”, and “for educational purposes.”

The lease for a term of twenty year» from August 16, 1938, provided that the lessee “shall have the right to renew the lease on the same terms for an additional twenty years from its expiration, provided notice of the desire to renew is given twelve months prior to the expiration of this instrument”. (Emphasis added.)

It further provided that “during the life of the…