DAVID ROTH'S SONS, INC. v. WRIGHT AND TAYLOR, INC.


343 S.W.2d 389 (1961)

DAVID ROTH'S SONS, INC., Appellant, v. WRIGHT AND TAYLOR, INC., Appellee.

Court of Appeals of Kentucky.

February 17, 1961.


Attorney(s) appearing for the Case

John S. Greenebaum, Louisville (Greenebaum, Barnett, Wood & Doll, Louisville), for appellant.

Allen P. Dodd, Louisville (Dodd & Dodd, Louisville), for appellee.


CLAY, Commissioner.

By this suit appellant, a lessee, sought a declaration that a certain lease was terminable at will for want of "mutuality." The Chancellor ruled otherwise.

The appellee lessor owns the Marion E. Taylor Building in Louisville and in 1955 leased two ground floor store rooms to the lessee. The written lease (containing 32 separate provisions) was for a fixed term of 10 years.

The lessee occupied the premises for over three and a half...

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