Copiah Hardware Co. v. Johnson
Mississippi Supreme Court
Appeal from chancery court of Copiah county. Lamar F. Easterling, Chancellor. Suit by Mrs. Serena Johnson against the Copiah Hardware Company. From a decree overruling a demurrer to the bill, defendant appeals. The only proposition discussed by appellee is that the phrase “before or after November 1, 1918” in the renewal-covenant of the lease contract is ambiguous, and renders this covenant so uncertain as to be void and unenforcible.
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Appeal from chancery court of Copiah county. Lamar F. Easterling, Chancellor. Suit by Mrs. Serena Johnson against the Copiah Hardware Company. From a decree overruling a demurrer to the bill, defendant appeals. The only proposition discussed by appellee is that the phrase “before or after November 1, 1918” in the renewal-covenant of the lease contract is ambiguous, and renders this covenant so uncertain as to be void and unenforcible. While appellee admits that this renewal covenant would be good for an extension of this lease for one similar term she contends that it ivas not sufficiently…
1Opinion of the CourtSmith, C. J.
This is an appeal from a decree overruling the demurrer to a bill of complaint by which the appellee seeks to cancel the claim of the appellant to certain real property as a cloud on her title. It appears from the bill that the appellee is the owner of the property in question and leased it to the appellant’s grantors for one year by a contract containing a covenant as follows:
“With the privilege and right of the parties of the second part or their assigns to renew the lease for one year at a time before or after November 1, 1918, as long as they niay desire to do so at the same rental as…
2Cited by13 opinions
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- Nichols v. DayMississippi Supreme Court · 1922
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- Texaco, Inc. v. KennedyMississippi Supreme Court · 1973
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