Continental Grain Co. v. Afram Brothers Co.

The issue presented on this appeal is whether a lessor can rescind a lease agreement for nonpayment of rent where the agreement does not provide for forfeiture of the lease in the event of nonpayment.

In the case at bar the lease agreement does not contain a clause providing for a forfeiture of the lease in the event of nonpayment of rent. The general rule is that in the absence of such a clause in the lease for nonpayment of rent the landlord cannot claim a forfeiture of the lease or right of reentry. It is likewise stated in 32 Am. Jur., Landlord and Tenant, p. 720, sec. 847, as follows:

“A…