Thomas v. Goodwin

Caplan, Justice:

This is an appeal from a final order in a declaratory judgment action instituted in the Circuit Court of Kana-wha County by the appellees, Harry R. Thomas and Clarence W. Moore, Jr., to determine the validity of a lease. It was their position that by reason of a provision in the lease permitting the lessee to terminate the lease by giving a thirty-day notice, without a corresponding right to the lessor, said lease was void, or, at least became a month to month tenancy.

The appellant, John E. Goodwin, maintained that the lease was valid and instituted an action against Thomas…