Verlinden v. Revia

Defendants had been tenants of plaintiff’s apartment building under oral lease since February 1946. Plaintiff alleged they failed and refused to pay the monthly installment of rent due January 7, 1947. Defendants answered that it had been the custom of plaintiff to call for the rent at the apartment each month on or about the due day and that they always had the rent money ready for him; that they had the money ready January 7, 1947, but plaintiff failed to call then or later.

A three-day. notice to quit was served by plaintiff in person —plaintiff testifies on the 14th and defendants say it…