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JAY GEE COMMERCE, INC. v. HAVAS

Supreme Court of Nevada
May 9, 1973
508 P.2d 1015 (Nev. 1973)

Opinion

No. 7039

April 20, 1973 Rehearing denied May 9, 1973

Appeal from judgment for defendants in unlawful detainer action; Eighth Judicial District Court, Clark County; William P. Compton, Judge.

Wiener, Goldwater, Galatz Raggio, Ltd., of Las Vegas, for Appellant.

Raymond E. Sutton, of Las Vegas, for Respondents.


OPINION


In this unlawful detainer action the issue is whether the lessee effectively exercised its option to renew a lease. The lease required the lessee to give written notice of renewal within 60 to 90 days prior to the lease termination date. The lessee contends that the option was exercised by writing the words "call me about the lease" on a telephone pad at the lessor's office.

Although the written exercise of a lease renewal option need not be a formal document, Marjer v. Layfmen, 53 A.2d 187 (N.J. Eq. 1947), the writing must contain a concise statement of definite and unequivocal intent to exercise the renewal option according to the terms of the lease. Robert v. E.C. Milstead Ranching Inc., 469 S.W.2d 429 (Tex.Civ.App. 1971); Jones v. Dexter, 292 P.2d 369 (Wash. 1956); United States v. 70.39 Acres of Land, 164 F. Supp. 451 (D.C.S.D. Calif. 1958). The phrase "call me about the lease" is not such a statement.

The judgment below is reversed and the district court is directed to enter judgment restoring the leased premises to the lessor. Other issues are to be tried anew unless that court is satisfied that a proper determination can be made on the record before it.


Summaries of

JAY GEE COMMERCE, INC. v. HAVAS

Supreme Court of Nevada
May 9, 1973
508 P.2d 1015 (Nev. 1973)
Case details for

JAY GEE COMMERCE, INC. v. HAVAS

Case Details

Full title:JAY GEE COMMERCE, INC., A NEVADA CORPORATION, APPELLANT, v. VICTOR HAVAS…

Court:Supreme Court of Nevada

Date published: May 9, 1973

Citations

508 P.2d 1015 (Nev. 1973)
508 P.2d 1015

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Jones v. Landmark Leasing, Ltd.

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Benetti v. Kishner

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