Woods v. Cities Service Oil Co.
| Decision Date | 13 June 1962 |
| Docket Number | No. 569,569 |
| Citation | 142 So.2d 168 |
| Parties | George H. WOODS, Plaintiff-Appellant, v. CITIES SERVICE OIL COMPANY, Defendant-Appellee. |
| Court | Court of Appeal of Louisiana — District of US |
McKeithen, Mouser & McKinley, by Vinson M. Mouser, Columbia, for plaintiff-appellant.
Gaharan & Richey, by L. W. Richey, Jena, for defendant-appellee.
Before TATE, FRUGE and CULPEPPER, JJ.
The plaintiff Woods sues to cancel a lease he had granted in 1949 to the defendant's corporate predecessor covering certain service station property. Woods contends that the lease has expired because an attempted notice of renewal was not timely given or received. He appeals to us from the dismissal of his suit by the trial court.
The lease in question provided that the defendant lessee could extend it for an additional year 'by Giving written, registered notice of its intention to do so to the lessor (Woods) on or before one month prior to the termination of this lease, or any renewal thereof.' The lease had been extended by timely notice in accordance with the contractual terms through December 31, 1961. At issue is the defendant lessee's attempted renewal of the lease for an additional year beyond this date.
The plaintiff-appellant contends that timely 'written, registered notice' of renewal was not given as required by the lease, because the defendant lessee attempted to notify him of the renewal by telegraph instead of by United States registered mail, which telegram (although timely sent) was not actually received by him until December 2nd (or Less than a month before the expiration date of the lease). Distinguished counsel argues that therefore the notice of renewal was not timely given, since the use of this unauthorized method of transmission of notice by the defendant-lessee was at its peril that the notice of renewal would not be timely Received by the plaintiff lessor.
The undisputed facts show that the defendant lessee wired from Shreveport notice of its renewal of the lease for an additional period commencing January 1, 1962. The telegram was sent at 5:02 P.M. on November 29 and was received in the Western Union office at Olla, where the plaintiff Woods resides, at 8:25 A.M. on the following morning. The telegraph agent phoned Woods to inform him of the receipt of the telegram but was unable to reach anyone at the plaintiff's residence. Shortly afterwards, however, the agent informed the plaintiff's son that he had a telegram for his father, whereupon...
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...the notice be given by registered mail because use of registered mail was not essential to the contract.); Woods v. Cities Service Oil Company, 142 So.2d 168 (La.Ct.App.1962) (Lease required that written notice be delivered by registered mail. However, notice of the renewal was sent by tele......
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University Realty & Development Co. v. Omid-Gaf, Inc., OMID-GA
...to bring such notice home to the lessor and serves the same function and purpose as the authorized method. Woods v. Cities Service Oil Co., 142 So.2d 168 (La.App.1962). This is true although the lease requires notice to be made in a particular way. 51C C.J.S. Landlord and Tenant § 62(2)(d),......