Reynolds-Penland Co. v. Hexter & Lobello

AKIN, Justice.

The principal question on this appeal is whether equity will relieve a lessee, who, without fault on the part of the lessor, forgot to give timely notice of intention to renew an option to extend the lease term for an additional five years. We hold that the neglect of the lessee bars the interposition of equity. Accordingly, we affirm.

The property in question is located in a suburban shopping center and is used by the lessee as a men’s clothing store. The lease was for a term ending on January 31, 1977, and contained the following provision granting the lessee an option to renew…