Barber v. Stone

The complainant leased the premises in-controversy to the defendant, the rent being payable-monthly in advance on the 1st day of each month. On September 1, 1892, the rent was not paid, and there was-also a dispute of $4.50, which the circuit judge has determined to have been due and unpaid for back rent. The sum of $11.50 was therefore due and payable on September 1. On September ,2, the complainant served the statutory notice to quit or pay the rent, and on the-same day he was paid and received the sum of $8.50. It is apparent that this paid the back rent, and left $4 'lobe applied upon the…