National Alfalfa Dehydrating and Milling

This is a suit concerning a long-term written lease wherein trial to the court without a jury resulted in a judgment for the landlord in the amount of $4,006.00. The landlord appealed from this judgment claiming that it was entitled to a judgment in the amount of $12,264.00. The tenant did not appeal from the judgment below. The factual situation is basically undisputed and may be chronologically stated as follows. On January 19, 1960, National Alfalfa Dehydrating and Milling Company (hereinafter called National) leased from 4010 Washington, Inc. (hereinafter referred to as 4010 or landlord) the entire second floor of a building owned by 4010 and located at 4010 Washington Street, Kansas City, Missouri, for a term of five years, from April 1, 1960 to March 31, 1965. A gross rental was provided payable at the rate of $750.00 per month for the first 24 months of the term, and $950.00 per month for the last 36 months of the term. Paragraph 25 of this lease gave the lessee an option to extend the lease for an additional 5-year term at the rate of $950.00 per month, plus a cost of living increase. This option to extend was to be exercised by one year's notice given on or before April 1, 1964. National did not exercise this option.