Sjostrom & Sons, Inc. v. D. & E. Mall Restaurant, Inc.

This is a forcible entry and detainer case in which the trial court entered judgment on the pleadings in favor of the plaintiff for the immediate possession of the premises and for $1410.64 rents and charges due. On appeal, the defendant makes only one contention — that the notice of termination (by certified mail as required in the lease) was not effective until actually received and that therefore the plaintiff had not given the 15 days’ prior notice required to terminate the lease. We disagree and affirm.

The defendant lessee, in May of 1973, was behind in its rent by some 5 months, and was…