McGeehan, Colie and Eastwood. The opinion of the court was delivered by McGeehan, S.j.a.d.
On December 8, 1948, the plaintiff brought suit for a declaratory judgment to determine the rights of the parties with respect to the tenancy of premises described as "a one-story brick building located in the rear of premises known and designated as No. 45 North Day Street, in the City of Orange, County of Essex and State of New Jersey, together with the right of way of ingress and egress." The plaintiff, who became the owner of the premises on September 30, 1948, claimed that the tenant John Sulzberger and the subtenant Acme Roofing and Supply Co., Inc., were holdover tenants from month to month after May 31, 1944, or, at best, would become holdover tenants from month to month after May 31, 1949. The defendants claimed that they held under a lease until June 1, 1952. Judgment upholding the defendants' claim was entered in the Superior Court, Law Division.
On May 1, 1942, Colt Brothers, Inc., the then owner, gave the defendant John Sulzberger Co., Inc., a 30-day option "to lease or rent the Brick Garage Trucking Building, rear No. 45 North Day St., Orange, N.J., * * * for a term of one year at $60.00 per month, with an option renewal of four years and an additional five year optional renewal, or a total of ten years. * * *" John Sulzberger Co., Inc., exercised the option, and on May 21, 1942, the parties executed a lease for the premises for one year, beginning June 1, 1942, with a provision that "said tenant shall have the option of extending this lease for a period of four years from June 1, 1943, and thereafter for a further period of five years from June 1, 1947, on the same terms and conditions, and at the same rental."
On April 28, 1943, John Sulzberger Co., Inc., wrote Colt Brothers, Inc., as follows:
"The first year of lease No. 45 N. Day St., Orange, will expire June 1st 1943.
"Rather than renew same for another four year period with present unsettled business conditions, I would like to know if you would change same to another one year period before entering into first five year period, all conditions of lease dated May 21st 1942 to remain the same."
and Colt Brothers, Inc., gave approval, in writing, to the modification.
On February 26, 1944, defendant John Sulzberger wrote to Colt Brothers, Inc., as follows:
"This will notify you that John Sulzberger Co. Inc. on December 29, 1943, assigned to John Sulzberger all its right, title and interest in and to a certain lease between Colt Brothers, Inc. and John Sulzberger Co. Inc. said lease bearing date May 21, 1942, demising premises known as No. 45 North Day Street, Orange, New Jersey. Please take notice that the said John Sulzberger, the assignee of said lease hereby exercises the option of renewal term of said lease for a period beginning June 1, 1944 and ending May 31, 1952."
On the same day, Colt Brothers, Inc., passed a corporate resolution reciting:
"Whereas, Colt Brothers, Inc. has been notified that the lease in the rear of premises No. 45 North Day Street, Orange, New Jersey, has been assigned to John Sulzberger on December 29, 1943, and Whereas, it is the desire of John Sulzberger to lease from Colt Brothers, Inc. the office or store known as No. 41 North Day Street, Orange, New Jersey,
"RESOLVED: That Colt Brothers, Inc. lease to the said John Sulzberger, the office or store known as No. 41 N. Day Street, Orange, New Jersey for a term beginning April 1, 1944 and ending on May 31, 1952, at the monthly rental of $15.00 per month, and it is FURTHER RESOLVED: that the lease hereby submitted be executed by our president ...