Woodrum v. Pulliam

• Decision Date: 24 April 1970
• Citation: 453 S.W.2d 263
• Parties: Carolyn WOODRUM, Exr., etc., Appellant, v. Ronald PULLIAM et al., Appellees.
• Court: United States State Supreme Court — District of Kentucky

Page 263

453 S.W.2d 263

Carolyn WOODRUM, Exr., etc., Appellant, v. Ronald PULLIAM et al., Appellees.

Court of Appeals of Kentucky.

April 24, 1970.

Marion Rider, Frankfort, for appellant.

John D. Darnell, Chancellor & Darnell, Frankfort, for Eastridge.

Young & Williams, Frankfort, for R. Pulliam.

Dailey & Fowler, Frankfort, for Campbell.

MICHAEL M. HELLMANN, Special Commissioner.

On May 14, 1953, Tilson and Bessie Eastridge, hereinafter referred to as 'Eastridge', owned a parcel of land at 594 East Main Street, Frankfort, Kentucky.

On that day Eastridge leased said premises to James D. Campbell for a 10-year term with an option to extend for three additional terms of five years each. The first term began July 15, 1953.

Among other things, the lease provided that each of the said options 'may be exercised by the lessee giving lessor written notice, as herein provided, at least forty-five (45) days prior to the expiration of the original term or the then current extension, as the case may be. If the lessee does not exercise his then current option to extend the lease, the term shall be automatically extended from year to year, on the same covenants and conditions as herein provided, unless and until either lessor or lessee terminates this lease at the end of the original term, or the then current extension period, or any subsequent year, by giving the other at least thirty (30) days written notice as herein provided.'

Paragraph 19 of the lease required notice to be given by registered mail.

It will be noted that there are two deadlines in this lease.

On May 17, 1955, Campbell assigned a portion of the premises to one Guy N. Woodrum. (Woodrum died July 12, 1965, and Carolyn Woodrum, as his widow and also as his executrix, is the appellant herein. The widow and executrix will hereinafter be referred to as 'Woodrum'.)

Under clause 8 of the assignment Woodrum had 'the right and option * * * to continue said lease with Eastridge' if Campbell failed to did not exercise his option for an extension of the lease.

Some time after the aforesaid assignment Woodrum improved the land at a cost of approximately $50,000.

In December, 1962, Campbell exercised his option for the first five-year period, which was from July 15, 1963, to July 15, 1968. Campbell, however, failed to give Eastridge the required 45 days' notice to renew the second five-year option; and on June 8, 1968, Eastridge, under the above provisions, notified Campbell of his intention to terminate the lease as of July 15, 1968.

Prior to these events, on November 8, 1965, Ronald Pulliam, d/b/a Pulliam Electric Company, hereinafter referred to as 'Pulliam', took an assignment from Woodrum of all or a portion of the premises that had been assigned to Woodrum by Campbell.

All leases and assignments were recorded in the office of the County Court Clerk of Franklin County, Kentucky.

This suit was commenced on September 10, 1968, when Pulliam filed a complaint against Eastridge and Woodrum. Pulliam sought to have Eastridge and Woodrum interplead as to their respective claims for rents then due and to become due from Pulliam. Thereafter various answers, counterclaims and cross-claims were filed, all of which culminated in a summary judgment adjudging that the lease from Eastridge to Campbell under the date of May 14, 1953, had terminated and that as of July 15, 1968, the defendant Woodrum had no interest in the real estate described in the complaint.

It is from this judgment that Woodrum appeals. Appellant argues that the lower court erred in granting the summary judgment on the ground that 'the failure of Campbell to give the required notice was...