Adams v. Helburn
| Decision Date | 23 February 1923 |
| Parties | ADAMS ET AL. v. HELBURN. |
| Court | Kentucky Court of Appeals |
Appeal from Circuit Court, Bell County.
Suit by E. S. Helburn, as trustee, against W. L. Adams and others. Judgment for plaintiff, and defendants appeal. Affirmed.
Ed. C O'Rear and Morgan M. Atchison, both of Frankfort, John Howard, of Middlesboro, and Cates, Smith & Tate, of Knoxville, Tenn., for appellants.
T. G Anderson, of Middlesboro, for appellee.
This appeal involves the construction of a contract. Appellants who were doing business under the firm name of Bell County Lumber & Supply Company, leased a small tract of land in Middlesboro from appellee on February 1, 1919, for a term of one year, agreeing to pay as rental therefor $50 a month. The contract of lease gave appellants the option of leasing the premises for the succeeding year, provided the parties could agree upon the rent to be paid. It also gave to them certain options in respect to the purchase of the property during the year 1919. That part of the contract by which these options were given is the subject of this controversy. It reads:
In October, 1919, appellee received an offer of $50 a front foot for the property. He gave appellants the option of taking the property at that price. They refused it, but offered him $25 a foot. The offer was declined, and appellants then requested that they be allowed to lease the property for another year. Appellee refused the request, but did offer to let them have it until July 1, 1920, if they would release their option and pay $75 a month rent. Appellants rejected the offer and demanded that the property be sold to them at $25 a front foot, whereupon appellee gave them formal notice of a cancellation of the lease and demanded possession of the premises. Appellants refused to surrender possession, and appellee filed this suit for a cancellation of the lease and for damages for the retention...
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