Barber v. Raichart

Howard, District Judge.

Plaintiff appeals from an order dismissing his action in ejectment at the close of his case, the trial judge ruling as a matter of law that plaintiff, by accepting rental payments after notice of forfeiture of the lease for their delinquency, had waived the breach.

The lease was for 1 year, commencing January 15, 1977, and contained an option to purchase to be exercised upon written notice to lessor at least 30 days before termination. Monthly payments of $250 became delinquent to the extent of $1,000, and on November 11, 1977, appellant delivered a notice to quit to the…