Werner

The plaintiff and appellant, Werner, who appears here in propria persona, brought suit against the United States for reformation of a lease and to recover a sum of money as reasonable rent for use and occupancy of the land leased. The United States moved to dismiss and the court below granted the motion holding that the suit was barred by the time limitation imposed by Section 2401(a), Title 28 United States Code Annotated. Werner appealed.

The lease, executed February 1, 1943, was for the term of one year with a right of annual renewal and a right of cancellation in the United States. Its terms provided, however, that “ * * * no renewal * * * will extend the period of occupancy of the premises beyond six months from the date of the termination of the unlimited emergency, as declared by the President of the United States on May 27, 1941 (Proclamation 2487).” By an amendatory contract, executed three months later, the requirement that the United States give notice of renewal was deleted but the provision that the renewal should not extend the lease beyond “ * * * six * * * months from the date of the termination of unlimited emergency * * * ” was reiterated.

There has been no “ *…