108 N.Y.S. 344 | N.Y. App. Div. | 1908
The renewal of the lease embraced all of the covenants and agreements of the lease, except that of- renewal, for otherwise the right óf renewal would be perpetual. The clause in the lease by which the lessor agrees to sell the demised premises to the tenant for $1.0,500 was therefore renewed. But such clause does not provide the same in terms for the renewed year as for the first year, as you perceive on perusing it. It gives the tenant the option to purchase at áuy time during the first year, but this option is restricted and may be- put an end to during the second year. The option of purchase continues during the second year, it is true, but with the modification, that if instead of purchasing during the first year, the tenant gives the required notice ,of sixty days before the expiration of the first year, of a renewal of the lease for another year, and should the lessor or her husband “ die during said sixty days before expiration of the term herein granted”, then she or her executors “ may, upon obtaining a Iona fide purchaser for the said premises, sell the same after having first given party of the second part” {i. e., the tenant) *the opportunity to purchase them at the price offered by such Iona fide purchaser.” The phrase. “ die during said sixty days' before expiration of the term herein granted ”, contemplates that such notice of sixty days shall be or run during the last sixty days, i. e., the sixty days before the expiration of the term, and thus understood becomes entirely plain. It simply means that if the lessor or her husband die during the last sixty days of the term, and' the word ■“ said ” is meaningless.-'
The effect of this is that the tenant may at any time during the renewed year exercise the option of purchase for $10,500, except
As the lessor never submitted an offer from any other purchaser to the tenant, she exercised the option to purchase at $10,500 in time.
The judgment should be reversed.
Jenks,. Hookeb, Rich and Millee, JJ., concurred.
Judgment reversed on the law and facts, and new trial granted, costs to abide the final award of costs.