Carpenter v. Wilson
Court of Appeals of Maryland
Appeal from the Circuit Court for Allegany County (Henderson, J.) Acceptance of rent after it was due for months preceding the month in which forfeiture was claimed can create no waiver. 1 ‘The receipt of rent after a breach of covenant does not operate as a waiver, unless the rent received accrued subsequently to the act which works the forfeiture. ” Morrison v. Smith, 90 Md. 83. If the forfeiture arises from the breach of any covenant except for the payment of rent, Courts…
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Appeal from the Circuit Court for Allegany County (Henderson, J.) Acceptance of rent after it was due for months preceding the month in which forfeiture was claimed can create no waiver. 1 ‘The receipt of rent after a breach of covenant does not operate as a waiver, unless the rent received accrued subsequently to the act which works the forfeiture. ” Morrison v. Smith, 90 Md. 83. If the forfeiture arises from the breach of any covenant except for the payment of rent, Courts of equity ought not to relieve, but should leave the parties to their remedies at law. Story on Equity, sec. 1321.…
1Opinion of the CourtFowler, J.
This is an action of ejectment brought by E. Butler Carpenter, the assignee of the lessor, against Harvey Wilson, the lessee, to recover a lot of ground and the improvements thereon, situated in the "city of Cumberland, this State.
On the 28th of February, 1900, Catherine Smith, the then owner in fee of the lot in question, leased it to Wilson, the appellee, for the term of five years from that date, in consideration of the payment of twenty-five dollars per month, payable monthly on the first day of each rnonth. The tenant covenanted to pay the rent and to keep the premises in as good repair…
2Cases cited1 opinion
- Morrison v. SmithCourt of Appeals of Maryland · 1899
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