dissenting.
I am of the opinion that plaintiffs established, by clear and convincing evidence, a five-year extension of the original lease. It is undisputed that the parties got together in April, 1970 to discuss an addition to the leased premises by defendants. At that meeting it was orally agreed that defendants would construct the addition and that plaintiffs would furnish it. The building contractor who had submitted a bid to defendants for the proposed addition was present at the meeting. His testimony was as follows:
“Q And was there any conversation at that particular time that you overheard in regard to the length of such an extension, if any?
“A I would say that both parties involved, Mr. Lucey and Mr. Krumm and Mr. Marastoni and Mrs. Marastoni — each were in concurrence before they went into any expenditures, that they wanted some kind of an agreement that the lease was to be extended.
“Q And was there any conversation at that particular time that you overheard in regard to the length of such an extension, if any?
“A There was a five-year term under discussion.
“Q And did Mr. Krumm and Mr. Lucey appear to agree with that?
“A Yes, they did.
“Q Did Mr. Marastoni and Mrs. Marastoni appear to agree with that?
“A Yes, they did.”
*444William Jacobson, plaintiff’s son-in-law, who was also at this meeting, testified that defendant Lucey was reluctant to agree to make the addition unless there was an extension of the lease. At that time, Mr. Lucey said to Mr. Marastoni: “Well, if we make it [the addition], we have to have some assurances that you will be here * * *. I think you should agree to extend the lease.” To this, Mr. Marastoni said, “Fine, how long do you want?” and Mr. Lucey replied, “Well, I think we should have at least five years from now.” Mr. Marastoni responded: “Fine, draw it up.” There was no discussion of any modification of the original lease.
It seems apparent to me, from this evidence, that the parties had in mind an extension of the original lease without any renegotiation of the other provisions of the lease. This is borne out by the events that occurred after the April meeting. Promptly after the meeting defendants instructed their attorney to prepare a written lease. The lease which defendants’ attorney prepared did not materially modify any of the provisions of the lease except the period during which it was to run, a circumstance strongly suggesting that defendants and their attorney were proceeding on the assumption that the terms of the original lease were to be retained except for the duration of the lease.
Other circumstances tend to support plaintiffs’ contention that the April meeting crystallized the agreement of the parties. Immediately after the April meeting defendants began the construction of the addition and soon thereafter plaintiffs made interior improvements at a cost of over $16,000. All work was completed by September, 1970. It is difficult to believe that the parties would have thus proceeded if they had *445intended thereafter to renegotiate the lease. It is almost inconceivable that plaintiffs would spend over $16,000 on improvements without the assurance of a definite agreement entitling them to continued possession after the expiration of the original lease.
For the foregoing reasons I dissent.