Simmonds

Plaintiff executed and delivered to defendant a lease which by its terms expired on November 20, 1916. The lease contained the following covenant: “The lessees have the privilege of renewing this lease at its expiration on November 20, 1916, for five additional years at a monthly rental to be agreed upon by the lessor and lessees, and if they cannot agree on a monthly rental, they shall submit to an arbitration board of three or more persons, and their decision shall fix the monthly rental.”

It is admitted that the lessee, Bell, remained in possession of the premises until February 20, 1919, when he vacated the same. On November 20, 1916, the lessee was in arrears for two months’ rent to the amount of $180. No written notice of intention to exercise the option for renewal of the lease was ever given, and the evidence is in conflict as to whether there was an oral notice to that effect. No hoard of arbitration was ever selected; no award was ever made, the amount‘of rent for the new term was never agreed upon, and no new lease was ever prepared or exe cuted. The complaint contained three counts. The first was for an injunction against the continuance of certain acts claimed to…