Vartabedian v. Peerless Wrench Co.
| Citation | 129 A. 239 |
| Decision Date | 27 May 1925 |
| Docket Number | No. 6020.,6020. |
| Parties | VARTABEDIAN v. PEERLESS WRENCH CO. |
| Court | Rhode Island Supreme Court |
Exceptions from Superior Court, Providence and Bristol Counties; Edward W. Blodgett, Judge.
Action by James Vartabedian against the Peerless Wrench Company. The jury were directed to return a verdict for plaintiff, and defendant excepts. Exceptions overruled, and case remanded, with directions to enter judgment on the verdict.
McGovern & Slattery and Fred B. Perkins, all of Providence, for plaintiff.
Frank H. Wildes, of Providence, for defendant.
This action of trespass and ejectment is before the court on defendant's exceptions to the rulings of a trial justice of the superior court directing the jury to return a verdict for the plaintiff and denying the defendant's motion for a directed verdict.
Defendant leased the premises involved in this action for a term of five years, ending September 30, 1924, from plaintiff's ancestor in title. Plaintiff had notice of the lease when he purchased the premises. After the plaintiff purchased the premises, the defendant paid the rent to him. The rent was payable at the rate of $18, per month. The lease contained the following provision for a further term:
"It is further agreed that the lessees shall have the option to a further term under this lease of two years, at the expiration of this lease, the amount of rent for these two years to be agreed upon by both parties to this lease, but it is expressly understood that it shall not be less than $18 per month."
Early in September, 1924, the plaintiff received notice from the president of the defendant company that it claimed its right to a further term of two years under the option given in the lease. The parties could not agree on the rent for the further term. Defendant's president offered to pay the usual monthly rent until a new rate should be fixed by arbitrators. The lease made no provision for the appointment of arbitrators, and expressly provided that the amount of rent for the two years should be agreed upon by both parties to the lease. October 1, 1924, the defendant tendered the usual monthly rent of $18 to the plaintiff. The plaintiff refused to accept the tender and commenced this action the next day.
The question is whether the clause giving the defendant the option for a further term of two years is sufficiently certain and definite as to be enforceable against the plaintiff. The plaintiff contends that the clause is void...
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