RUSHING CONST. v. MCM VENTURES, II

No. 8920DC1222.

395 S.E.2d 130 (1990)

100 N.C. App. 259

RUSHING CONSTRUCTION COMPANY v. MCM VENTURES, II, INC.

Court of Appeals of North Carolina.

September 4, 1990.


Attorney(s) appearing for the Case

Griffin & Brooks by James E. Griffin, Monroe, for plaintiff-appellee.

Griffin, Caldwell, Helder & Lee, P.A. by W. David Lee, Monroe, for defendant-appellant.


PHILLIPS, Judge.

This appeal turns upon whether defendant's exercise of its option to renew the lease was timely. In our opinion the option was not timely exercised and the judgment appealed from is affirmed.

The following legal principles apply: Nothing else appearing, the general rule is that a lessee must exercise an option to renew its lease at or before the original term expires. 50 Am.Jur.2d Landlord and Tenant Sec. 1182 (1970); Annotation,

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