Carsten & Midwest Aggregate Corp. v. Eickhoff

In Carsten & Midwest Aggregate Corp. v. Eickhoff, 163 Ind. App. 294, 323 N.E.2d 664 (Ind. 1975), no notice was given despite sixty days being required expressly in the lease. Carsten, 323 N.E.2d at 667. Several years after the primary term had ended, the lessor gave notice that the lease was terminated. Id. The Indiana Supreme Court held that the holding over by the lessee and acceptance of rent by the lessor did not constitute a waiver of the written notice requirement of the lease. 323 N.E.2d at 669. The Indiana Supreme Court explained, "The reasoning behind demanding exact compliance with the terms of the renewal option including the notice provisions is that the Lessor is bound to