Madison v. Marlatt

In his appeal, appellant defendant presents the court with five challenges to the judgment of the district court entered on February 6, 1980 following a jury trial and verdict in favor of appellee plaintiff. E. G. Madison, the defendant in the district court died on November 15, 1979 after trial but before judgment. His administratrix was regularly substituted. First, the question is raised as to whether the language of the “option clause” appearing in the lease executed by the parties was sufficiently plain and unambiguous so as to enable a court to decide its meaning as a matter of law.…