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DUFFY v. CASADY

No. 85,550.

29 Kan. App.2d 549 (2001)

28 P.3d 1040

TIMOTHY D. DUFFY and CARROL A. DUFFY, Appellants, v. JOHN T. CASADY, Appellee.

Court of Appeals of Kansas.

Opinion filed August 3, 2001.

Attorney(s) appearing for the Case

John L. Richeson and Daniel D. Covington, of Anderson, Byrd, Richeson, Flaherty & Henrichs, of Ottawa, for appellants.

John C. Chappell, of Lawrence, for appellee.

Before GREEN, P.J., KNUDSON, J., and PHILIP C. VIEUX, District Judge, assigned.

KNUDSON, J.:

Timothy D. Duffy and Carrol A. Duffy brought suit again John T. Casady, alleging termination of a written lease executed on June 27, 1975, and requesting damages or rent from Casady as a holdover tenant. The gravamen of their action is that Casady failed to timely exercise an option to extend the lease, thereby allowing the lease to expire under its express terms. The district court, relying primarily upon Fleming Companies, Inc. v. Equitable Life...

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