7 Vt. 487 | Vt. | 1835
The opinion of the court was delivered by
— This lease gives the right of entry for the nonpayment of rent which has been due 28 days. What is said in the lease about the same having been legally demanded is unimportant, as the same would have been necessary by the common
It is next insisted, that inasmuch as the defendant paid up the rent of 1833, which was received by one of the selectmen, this action could not be sustained on account of previous rent being unpaid, even though that selectman did not know of the existence of said arrears. It is true the receiving of the rent of 1833 raised a presumption that the previous rents were paid, but this was subject to being rebutted, which was done to the satisfaction of the jury. The receiving of rent eo nomine, accruing after a forfeiture, is a waiver of the forfeiture, as thereby the landlord elects to treat the holder as tenant, and not as a tort feasor. But. in such case it must be substantially shown that the forfeiture was known at the time.—Roe vs. Harrison, 5 T. R. 425. In this case the rent for 1833 was received by one of the selectmen. It is very doubtful
Judgment affirmed.