SHERWIN WILLIAMS CO. v. ASBN, INC.

TIMMONS-GOODSON, Judge.

Nathan Alberty ("defendant") appeals the trial court's order granting summary judgment in favor of The Sherwin-Williams Company ("plaintiff"). For the reasons stated herein, we affirm the trial court's order.

The evidence presented at the summary judgment hearing is as follows: On 24 September 1987, plaintiff leased commercial property in Charlotte, North Carolina, to James H. Simmons ("Simmons"). Simmons later assigned his interest in the lease to ASBN, Inc. ("ASBN"). The lease provided that unless ASBN exercised an option to renew included in the lease, the lease was…