Holmes v. Floyd E. Davis Co.

CLAGETT, Associate Judge.

This appeal involves a suit by a landlord for possession of an apartment on the ground that the tenant violated a covenant against subletting contained in a written monthly agreement. The tenant admitted the subletting, and his defense as well as the defense of the subtenant who was permitted to intervene was that the landlord waived the covenant by accepting rent in advance after notice of the subletting. The case was tried to a jury, which returned a verdict for the landlord. The tenant and the subtenant took this appeal.

We have concluded that it is unnecessary to…