Chapman v. Burke

Plaintiff, a landlord, alleges that defendant, a tenant, failed to pay one of the rent notes at its maturity, and that thus the remaining notes for the unexpired term of the lease became due. Defendant contends that, by express agreement previously made, the date on which the .rent notes were to be paid was fixed as the 15th day of each month, instead of as originally set forth in the lease. The suit now before us was filed on the 19th of the month; the rent note which was due on the first not having been paid up to the time of the filing of the suit.

Even if defendant’s contention be correct—…