Liggett v. Kaufmann

Citations

• 231 Pa. 398
• 80 A. 871
• 1911 Pa. LEXIS 856

Syllabus

<p>Landlord and tenant — Construction of lease — Privilege of re-renting— Previous leases — Options.</p> <p>Where premises are rented by testamentary trustees for a term of years, and it appears that the testatrix in her lifetime had executed two leases for the same premises to the same lessees for a term of years with the privilege in the lessees and their assigns to re-rent the premises for five years and if they should exercise this privilege of re-renting they were then to have the privilege of re-renting for an additional five-year term, and it further appears that the trustees in their lease, after reciting ipsissimis verbis the privileges granted by the leases executed by the testatrix, provided that whereas the lessees had given the trustees notice of their ‘-'option” to extend the term for the first five-year period and desired to “provide for and obtain the right of further options for the extension of said lease before the expiration of said two periods, so that they may have at the expiration of the second of said periods an extension of the said leases for five years thereafter and for the extension after that period, of said leases for another period of four years, .... the parties hereto,..... agree to such extensions upon the exercise of like options upon the same terms as expressed within said leases with regard to the two options therein provided for,” the lessees take an absolute right or privilege of re-renting under the lease from the trustees and not a mere option.</p>