Shay v. Randall H. Hagner & Co.

CAYTON, Associate Judge.

Defendants appeal from a judgment entered against them for possession of an apartment in a downtown apartment building.

Their lease prohibited keeping a dog in the apartment. It also provided that “no waiver of any breach of any covenant herein shall be construed to be a waiver of the covenant itself or of any subsequent breach thereof or of this agreement.”

When defendants first took possession they had no dog in the apartment. Four or five months later they brought one in. The resident manager told Mrs. Shay that because this was the first dog in a court apartment…