Raleigh City Limits, Inc. v. Sandman

HEDRICK, Judge.

The sole question presented by this appeal is whether the trial judge erred in concluding that defendants did not waive their right to declare the lease in default on the grounds that the August 1978 rent, and succeeding month’s rent, was not timely paid. In Winder v. Martin, 183 N.C. 410, 411, 111 S.E. 708, 709 (1922), the Supreme Court stated:

It is the generally accepted rule that if the landlord receive rent from his tenant, after full notice or knowledge of a breach of a covenant or condition in his lease, for which a forfeiture might have been declared, such constitutes a…