DiFatta v. Campagna

McBRIDE, Judge.

Plaintiff has appealed from a judgment sustaining defendant’s exception of no cause of action and dismissing his suit for cancellation of a written lease on the ground of nonpayment of rent.

The judgment must be affirmed. The exception is good for two reasons:

1. The petition alleges that defendant did not pay the rent becoming due November 1, 1962, in accordance with the terms of the lease, in that he mailed the same to plaintiff on November 5, 1962, after due date, and that plaintiff returned the same to him accompanied by his request that defendant vacate the premises for…