Geo. W. Millar & Co. v. Wolf Sales & Service Corp.

In this holdover proceeding, the critical issue is whether this court may give legal effect to the tenant’s exercise of an option to renew, communicated after the date clearly specified in the lease, although before the expiration of the original term, when the landlord was not prejudiced by the delay and it was the result of an honest mistake.

The background facts are not in serious dispute. In August, 1965, the tenant, engaged in different aspects of the automobile business, entered into a five-year lease, to commence on November 1, 1965 and to terminate on November 30, 1970, with a monthly…