Smith v. Sinclair

The opinion of the court was delivered by

Van Syckel, J.

This certiorari was sued out to review and set aside proceedings instituted in a Justice’s Court under the Landlord and Tenant act.

The affidavit of the landlord sets out that .the lease had been violated by breach of the condition that the leased prem*85ises should be used only as a private dwelling and boarding and lodging-house, and by breach of the covenants against subletting and making alterations.

The lease contained a provision that it should be void if the tenant failed to perform on his part.

It is well settled that the word “ void,”…