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Xanthakey (P) and Hayes (D) entered into a lease that gave P, as the lessee, the option to renew the lease with 60 days notice. D was to get ownership of all improvements that P might make. P did make substantial improvements. When it was time to renew, P gave notice but was late by three days (a holiday and a Sunday were included in those three days). D refused to renew the lease. P sued for a mandatory injunction ordering D to renew the lease. The trial court awarded P his injunction; failure to renew would result in unconscionable hardship to P. D appealed.

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