Leach v. LaGuardia, 21481
| Decision Date | 03 July 1967 |
| Docket Number | No. 21481,21481 |
| Citation | 429 P.2d 623,163 Colo. 225 |
| Parties | H. L. LEACH, Sr., Irene G. Leach, H. L. Leach, Jr., and P. C. Williams, as Individuals, and doing business as Associated Industries, Plaintiffs in Error, v. Clarence V. LaGUARDIA and Rose LaGuardia, Defendants in Error. |
| Court | Colorado Supreme Court |
Coit & Walberg, Leonard R. Liss, Denver, for plaintiffs in error.
Joseph N. Lilly, Denver, for defendants in error.
This writ of error arises out of a dispute between a landlord and a tenant over who is entitled to $15,000 in remaining proceeds out of $80,000 received in a condemnation action when the City and County of Denver acquired certain lands for a new public library.
The record discloses that Clarence and Rose LaGuardia were the lessors and that the lessees were H. L. Leach, Sr., H. L. Leach, Jr., Irene Leach and P. C. Williams, d/b/a Associated Distributors. Both sides claimed the escrowed balance of the money paid by the city.
The resolution of the entire dispute hinges on the legal interpretation to be be given a three page written lease entered into by the parties. This lease was signed on December 7, 1962, and was to run for five years beginning on January 1, 1963. The lease itself consisted of three pages. The first was on a relator's printed form and attached to that was a typewritten page, neither of which had any termination provisions. However, a third sheet of paper, executed at the same time and signed by the contracting parties, related to the termination provisions.
We agree with the trial court that all three pages constitute one instrument. We therefore must determine the meaning of the termination provisions which read:
'Notwithstanding anything herein contained to the contrary, it is understood and agreed that in the event the landlord enters into a lease of 25 years or longer, covering the entire building in which the demised premises are located or in the event the landlord decides to raze the building in which the demised premises are located, this lease may be terminated on _ _, or any time thereafter, between landlord, his heirs, or assigns, upon giving not less than three months prior written notice, and said date for said termination under said notice shall be the date of the end of the terms of the lease as though provided originally for the expiration of the term of said lease.
'And he Lessor or Lessee is hereby granted the right to terminate this lease upon three (3)...
To continue reading
Request your trial
-
Fibreglas Fabricators, Inc. v. Kylberg
...providing for the automatic termination of the lease agreement upon condemnation of the leased premises. However, in Leach v. LaGuardia, 163 Colo. 225, 429 P.2d 623 (1967), we considered the effect of a termination clause analogous to a condemnation clause on the right of a lessee to share ......
-
Slifer v. Wheeler and Lewis
...of the particular case, including the conduct of the parties. Nahring v. Denver,174 Colo. 548, 484 P.2d 1235; Leach v. LaGuardia, 163 Colo. 225, 429 P.2d 623; Hutchinson v. Elder, 140 Colo. 379, 344 P.2d Here, the contract between the contractor and school district provides, in relevant par......
-
Shanahan v. Collins
...with precedent. C. F. Ruston v. Centennial Real Estate Investment Co., 166 Colo. 377, 445 P.2d 64 (1968); Leach, Sr. v. La Guardia, 163 Colo. 225, 429 P.2d 623 (1967); Denver Plastics v. Snyder, 160 Colo. 232, 416 P.2d 370 (1966); Fern v. Crandell, 79 Colo. 403, 246 P. 270 (1926); See also ......
-
Rocky Mountain Ass'n of Credit Management v. Hessler Mfg. Co.
... ... Leach v. La ... Guardia, 163 Colo. 225, 429 P.2d 623; Dickson v. Dick, 59 Colo. 583, 151 P. 441. We ... ...