Cooper v. Joy

Defendants’ decedent, under the name of Henry A. Newland & Co., was a tenant under *375a lease for the term of three years from and after May 1, 1886.1 The lease contained a provision that—

“The said parties of the second part may, at their option, have an extension of this lease for three years additional, upon giving notice thereof to said party of the first part at least four months previous to May 1, 1889.”

The decedent occupied the store until April 30, 1891, but the four-months notice provided for in the lease was not given, nor was any notice given. Plaintiff sued to recover the rent for the…