Sachs v. Jones

(After stating the foregoing facts.) The trial court seems to have directed the verdict on the theory that the lease involved in this case is but a continuation of the old rent contract, and that .the plaintiffs by their long course of dealing with the defendant and in accepting the rent regularly one, two or three days late, were estopped to insist on prompt payment of the rent, and further on the theory that the provision of paragraph 8 of the lease contract regarding three days’ written notice provided the only means whereby the landlords could terminate the lease or repossess the premises…