Leary v. Pattison

This was an action of forcible detainer, brought by appellee -against appellant, to recover possession of certain premises described in the complaint. The suit was instituted before the expiration of the period for which the premises were let, and the right to recover is based on the ground that the lease was forfeited by reason of the non-payment of rent. The lease itself contained an express stipulation that, in case of default of the payment of rent, or any part thereof, on the day named, the landlord, at his election, might declare the lease forfeited and re-enter and take possession of…