Warren et al. v. Cary-Glendon Coal Co. et al., 313 Ky. 178

Summary

The lessor accepted the lessee's offer to lease certain land with the option to purchase the same properties. The minimum royalty was $ 100 per year and the purchase price, in the event the option was exercised, was $ 8,000, to be credited by royalties theretofore paid. No time was specified in the offer for the lease to start or to end, nor was any time specified within which the option to purchase was to be exercised. Reversing, the court held that the lease was a month-to-month lease, terminable with one month's notice at the lessor's pleasure. Ky. Rev. Stat. Ann. § 383.140. It was patent that the parties intended that the option was limited in time to the duration of the lease. The option was not exercised before the lease terminated, therefore it expired with the lease. Furthermore, the contract was not susceptible to specific performance because it was not sufficiently definite. The time it was to begin and to end was not stated. The consideration was not fully set out in the ...