McClellan v. Ashley

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• all holding inadvertence or negligence an insufficient basis to permit exercise of renewal option after contractual deadline
• equitable relief not justified where only excuse for failing to give timely notice was neglect
• all holding inadvertence or negligence an insufficient basis to permit exercise of renewal option after contractual deadline
• “time is of the essence of the option to renew, and the provision for the notice is a condition precedent upon the performance of which the lessee’s right to renew depends”
• equitable relief available if there is fraud, mistake, surprise, or accident
• negligence is not a favored ground for equitable relief

Source: CourtListener parenthetical corpus (CC0).