Palumbo v. Donovan

Eagen, J.,

— This is an action in ejectment wherein plaintiffs seek to evict defendant, their tenant, for nonpayment of rent.

After receiving the notice to quit, defendant continued in possession, paid the rent in arrears and later attempted to pay the rent due for monthly periods subsequent to the declaring of the forfeiture by mailing to the lessors United States postal money orders. These orders were received and retained but not cashed.

If the landlord accepts rent accruing after the declaration of the forfeiture this constitutes a waiver of his right to enforce the forfeiture for a prior…