Barnes v. Conner

HOOD, Associate Judge.

The action below was for possession of real estate on account of alleged default in payment of rent. Defendant, who is an attorney, appeared on the return day and moved to dismiss the complaint because it failed to show, at the place indicated on the printed form of complaint, whether notice to quit had been given or whether such notice had been waived in writing.1 When plaintiff stated, and defendant admitted, that defendant held possession under a written lease which waived notice to quit in the event of default in payment of rent, the trial court permitted plaintiff’s…