Stover v. Hazelbaker
Nebraska Supreme Court
Error from the district court of Clay county. Tried below before Morris, J. The opinion contains a statement of the case. The acceptance of rent on a lease is a waiver of all defaults then existing. (Collins v. Hasbrauch, 15 Am. Rep. [N. Y.], 412; Hornbroohs v. Lúeas, 49 Am. Rep. [W. Va.], 277; Wolffe v. Wolffe, 44 Am.
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Error from the district court of Clay county. Tried below before Morris, J. The opinion contains a statement of the case. The acceptance of rent on a lease is a waiver of all defaults then existing. (Collins v. Hasbrauch, 15 Am. Rep. [N. Y.], 412; Hornbroohs v. Lúeas, 49 Am. Rep. [W. Va.], 277; Wolffe v. Wolffe, 44 Am. Rep. [Ala.], 526; Paulman v. Cheiry, 18 Neb., 394; Izard v. Kimmell, 26 Neb., 51; Schneider v. Lord, 28 N. W. Rep. [Mich.], 773; Gluck v. Elkan, 30 N. W. Rep. [Minn.], 446.)
1Opinion of the Court
Ragan, C.
Thomas A. Hazelbaker leased to Carrie Stover a hotel in the village of Edgar, in Clay county, Nebraska. The lease was in writing, and by its terms Mrs. Stover was to occupy the premises from the 5th of March, 1890, to the 5th day of March, 1891, paying Hazelbaker as rent $50 on the 5th day of March, 1890, and a like sum on the 5th day of each month thereafter. When the rent fell due on the 5th of April, 1890, Mrs. Stover tendered in payment thereof to Hazelbaker a past due note she held against him, on which there was due as much as the rent amounted to. Hazel báker refused to accept…
2Cases cited5 opinions
- Garnhart v. FinneySupreme Court of Missouri · 1867
- Gomber v. HackettWisconsin Supreme Court · 1858
- Lewis v. City of St. LouisSupreme Court of Missouri · 1879
- Watson v. FletcherIllinois Supreme Court · 1869
- Johnson v. DouglassSupreme Court of Missouri · 1880
3Cited by7 opinions
- Coyle v. JanssenNebraska Supreme Court · 1982
- Snyder v. HillNebraska Supreme Court · 1951
- Garbaczewski v. VanucciAppellate Court of Illinois · 1951
- Hart v. FergusonSupreme Court of Oklahoma · 1918
- Barber v. RaichartNebraska Supreme Court · 1980
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