- Ag Docket
(tenant and landlord executed an agreement on May 3, 2010, for the lease of a farm from January 1, 2010 through December 31, 2012; lease provided that $51,100 annual rent was due “April 1 of each year of the lease”; when tenant failed to pay any rent during 2010, the landlord filed suit, and the trial court entered judgment in landlord’s favor; in affirming the judgment, the court ruled that the trial court properly considered extrinsic evidence showing the intent of the parties as to when rent was due; the court found that although the due date was ambiguous, the rent was due either May 3, 2010, or December 31, 2010; under either interpretation, the tenant breached the contract; the court urged practitioners drafting leases that would be executed after the effective date of the lease to include a clause specifying that the initial payment was “due upon execution” or upon some specific date thereafter).
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