Putnam patriot., 1921-04-29
PplOQuit1 Gets Decision Ln Victory Theatre Case
Judge Finds Option Is Made To Be Exercised By
 Lessor
Natter Will Undoubtedly Be Review
 cd By Supreme Court

In decision upholding the defend .nt,s demurrer handed down by Judge vebb of the superior court, Tuesday, Nazaire Peloquin gets second favor sble court decision in his action to disposses Jacob Albert ct al as lessees of the Victory Theatre on Main street.
 The action grew out of a lease which the plaintiff and defendant entered into. The lease was for the term of ooe year and contained a clause vhereby it was agreed that the lessor should, at the expiration of the term, give the lessee a further lease for . period of three years or should buy all of the personal property installed by the lessee at 85 per cent of it's cost.
 The controversy has arisen under this clause of the lease the plaintiff, i, Peloquin, claiming that he was the one to exercise the option either to give a further lease or to buy the property, while the defendant claims that it was his option whether he would lease the premises for further term or sell his property at 85 per cent of it's actual cost.
 At the expiration of the lease Pelo- auin gave Albert notice that he did not care to give a further lease and rendered the money for the fixtures, thereby exercising what he claims is his option. On the other hand Albert gave notice that he wished further lease and has rendered rent each month, exercising what he believes to be his right of option under the lease.
 Thereupon Peloquin brought a summary process action to oust Albert of possession. This case was. heard by Attorney E. c. Morse as justice of the peace, who found in favor of the plaintiff, Peloquin.
 Albert then brought suit claim ing specific performance on the part of Peloquin and that he be command ed by the court to give further lease for three year period. Albert also prayed for an injunction pending the outcome of this action. The injunc- ton was granted by the court.
 Then Peloquin's attorneys demur- red to Alpert's complaint which de- murrer was submitted on briefs. The defendant in this action, Peloquin, among other matters in support of his demurrer argued that the right of op- tion was in himself, Peloquin. In this contention he is upheld, and it is upon this ground that the demurrer IS sustained by Judge Webb, before whom the action was brought.
 Judge Webb's decision on the de- murrer is as follows:
 Memorandum of Decision
 q am unable to accept the plain tiff's contention that the special pro vision in the lease which gives rise to this controversy between the parties, gives to the plaintiff an absolute right to a renewal of the lease for the fur ther period of three years upon thelr own election and option and notice thereof to the defendants.
 "The option as to extending the lease for a further term I think was very clearly with the defendant les sor. If he chose not to grant a re- quest for a renewal he became obll- gated to purchase the plaintiff equip- ment in the theatre at S5 per cent of its original cost. This it would appear from his notice and tender, being ex- hibit c, in the record of the summary process proceedings, he offered to do.
 "The record in the summary pro cess case does not seem complete. The complaint states that judgment therein was rendered against the plaintiffs in this action, but the record does not disclose what if any judg- ment was in fact rendered dispossess- ing the plaintiff. do not undertake to decide whether it was or was not conclusive against the right of the plaintiffs ot pursue this action.
 "The demurrer to the complaint IS sustained upon the first ground there of"
 WEBB, Judge.