Fountain Co. v. Stein
In Fountain Co. v. Stein, 97 Conn. 619, 118 A. 47 (1922), the lessee's belated notice to extend was exercised within the current term of the lease. 97 Conn. at 622.
In Fountain, the court summarized its holding as follows:
"In cases of wilful or gross negligence in failing to fulfil a condition precedent of a lease, equity will never relieve. But in case of mere neglect in fulfilling a condition precedent of a lease, which does not fall within accident or mistake, equity will relieve when the delay has been slight, the loss to the lessor small, and when not to grant relief would result in such hardship to the tenant as to make it unconscionable to enforce literally the condition precedent of the lease." 97 Conn. at 626-27.
Under Kansas law the Fountain rule is limited to those situations where the untimely notice to extend or renew is given during the term of the lease.