Hofmann v. McCanlies

HENSLEY, Chief Judge, Court of Appeals.

The trial court dismissed the plaintiff’s complaint for failure to state a cause of action. Thereafter, by leave granted, the plaintiff filed his first amended complaint, and in due time it met the same fate. The appellant, plaintiff below, appeals from an order dismissing his first amended complaint.

The relationship between the plaintiff and the defendant was that of landlord and tenant. The plaintiff, by written instrument, leased certain office space to the defendant for a term of twelve months, with a so-called “option” to renew, expressed in the…