43 Ind. App. 336 | Ind. Ct. App. | 1909
Action by appellee to recover possession, and damages for the wrongful detention of leased office rooms in a building owned by him. The lease was executed for a period of one year, and provided that
“Warwick IT. Ripley hereby agrees to pay as rent for ' said premises the sum of $20 per month, said rent to be paid on the 10th day of each month in advance.”
A condition of the lease was:
“ On the failure to pay rent when the same is due :li * * the same shall terminate at once without notice, and said J. Augustus Lemcke, his representatives and assigns, may enter upon and take possession of said premises and expel the occupant thereof without in anywise being a trespasser. ’ ’
The action was brought before1, a justice of the peace on August 11, 1905. Appellant appealed to the Marion Circuit Court, and remained in possession of the property until January 9, 1906. A demurrer to appellee’s second amended complaint was overruled, and a general denial was filed.
The special findings show that the rent of the rooms was payable in advance on the 10th day of each month; that on August 10, 1905, one month’s rent was due; that appellee’s collector called upon appellant about 10 o’clock a. m. and demanded payment; that appellant tendered $11 on account, which was refused; that the collector notified appellant that he must pay all of said rent by 4 o’clock p. m. of that day; that appellee did not call at appellant’s rooms after 10 o’clock a. m. to collect the rent, and that appellant went to appellee’s office in said building after 5 o’clock p. m., taking with him $20 with which to pay the rent, but that the office was closed and locked.
Other points raised by appellant are immaterial. The cause was fairly tried below, and the judgment is affirmed.