95 Vt. 87 | Vt. | 1921
The lease was for the term of one year from May 1, 1915. Therein the lessee covenanted to pay to the lessor, his executors, administrators, or assigns, as rent in advance, the annual sum of one hundred dollars on or before May 1, 1915, “with the right and privilege on the part of the said” lessee “to renew this lease from year to year under the same terms and conditions herein stated by his paying to the said Andrew Buckland, his heirs or assigns, said one hundred dollars for rent each and every year in advance.” The parties differ as to the proper interpretation of this covenant for renewal, and therein lies the real question in the case.
It is urged by defendants that the later provision in the lease that “at the expiration of said term or any extension or renewal of the same,” the lessee will deliver up the possession of the premises, etc., shows that the word “extension” is there used in the sense of “renewal” and in like manner has reference to the covenant giving the optional right of renewal, previously inserted. ' The plaintiffs contend that there is a material difference between the words “renew” and “renewal” and the words “extend” and “extension”, referring to what is said on that subject in Quinn v. Valiquette, 80 Vt. 434, 68 Atl. 515, 14 L. R. A. (N. S.) 962, in holding that case to be one of extension. They also contend that the right of option to renew was never exercised; for while the drawing of a new lease each year was not necessary, there must have been some affirmative act of the parties, relative to the renewal.
After the expiration of the original term, the lessee had a right to understand that he was holding possession of the premises under the renewals provided for in the lease, and' whether, in legal contemplation, there should have been a new written lease executed in connection with each renewal is of no material consequence; for thq important inquiry is: Was the lessee entitled to a further renewal ? Three renewals being had, the money tendered by him for rent of another was refused, the landlords claiming the right to terminate the lease, and standing on their notice given six months before to the lessee to quit
. Judgment affirmed.