Midimis v. . Murrell

We are of the opinion that the ruling of the court below is sustained by a proper construction of the stipulation, quoted as No. 1 above. This stipulation relates to rent past due at the date of the execution of the lease, whereby the defendant agreed to pay this sum at the rate of $5 per week, in addition to the rental provided in the lease, with the provision “that upon failure to pay the said $5 per week, then the lessor, at his option, may declare this lease null and void.” This provision authorized the plaintiff to treat the lease as absolutely void when the default occurred in the…