Foreman Automobile Co. v. Morris

• Decision Date: 15 December 1922
• Parties: FOREMAN AUTOMOBILE CO. v. MORRIS.
• Court: Kentucky Court of Appeals

248 S.W. 486

198 Ky. 1

FOREMAN AUTOMOBILE CO. v. MORRIS.

Court of Appeals of Kentucky.

December 15, 1922

Rehearing Denied March 13, 1923.

Appeal from Circuit Court, Calloway County.

Action by the Foreman Automobile Company against M. T .Morris. From a judgment for defendant, plaintiff appeals. Reversed and remanded.

Reed &amp Burns and Joseph R. Grogan, all of Paducah, for appellant.

Coleman & Lancaster, of Murray, and Wheeler & Hughes, of Paducah, for appellee.

SAMPSON J.

This proceeding was instituted in the Calloway circuit court under the new act of the General Assembly 1922 (Laws 1922, c. 83) commonly called the Declaratory Judgment Law, for the purpose of obtaining a construction and enforcement of a written contract entered into between the appellant and appellee whereby the latter agreed to erect a large building of stated dimensions and character upon a certain lot in the city of Murray to be rented to and used by appellant as a garage and sales place for automobiles. The contract sets out in detail the character of building to be erected and, excluding the specifications for the building, reads:

"This contract made and entered into this the 13th day of September, 1915, by and between M. T. Morris, party of the first part, and the Foreman Automobile Company, Incorporated, party of the second part, witnesseth:

"That first party agrees to build a garage on the lot known as the F. P. Stum lot which lies on the corner just east of the M. E. Church South in the city of Murray, Kentucky, said garage to be built as soon as possible after this date and to be built according to the following specifications" (then follows the specifications.)

"The first party leases to second party the building to be constructed as herein described at four hundred fifty ($450) dollars per year to August 1, 1917, said rental to begin the day the building is completed and to be payable monthly; also first party hereby gives the second party the option to renew this contract for a year at a time as long as second party desires not exceeding a period of twenty years; and in case of renewal of this contract on or about August 1, 1917, or at any time thereafter, second party is to pay first party $500.00 per year rental; also second party agrees to renew this contract each year after August 1, 1917, providing second party has the Ford Motor Agency for Calloway County; also first party is to have free storage for his family car whenever he may desire so long as the building is leased by party of the second part."

The foregoing contract was executed in duplicate and signed by each of the parties.

A general demurrer was filed to the petition as amended, and the court, taking the view that the contract was unilateral sustained the demurrer, and, upon plaintiff's failure to plead further, dismissed the case, and this appeal results. The question is, therefore, upon the sufficiency of the petition as amended. The substance of the rent contract above copied may be stated as follows: Morris let the building from its completion in 1915, and grounds, to the automobile company to August 1, 1917, at $450 per year, payable in monthly installments, and the company agreed to pay the rents. Morris gave to the company the option to extend the rental contract from August 1, 1917, for a year at a time so long as the company desired to use the building, not exceeding a period of 20 years, on condition only that the extension of the contract on and from August 1, 1917, or at the beginning of any year thereafter, shall be allowed the company on the payment to Morris of $500 per year as rental in monthly installments. The company agreed and obligated itself to...