Jordan v McArdle

Judgment Date01 January 1940
Date01 January 1940
CourtCircuit Court
(Cir. Ct.),

Payment of rent guaranteed by surety - Notice to quit -Tenant holding over - Ejectment civil bill -Acceptance by landlord of rent and costs - Waiver of notice - Creation of new tenancy - Surety released

By an agreement dated October 12, 1937, defendant became surety for rent of premises let by plaintiff. In June, 1938, payments of rent being in arrears, plaintiff served notice to quit and ejectment civil bill on tenant. The tenant paid the arrears of rent together with costs of the civil bill and remained on in the premises. He paid no more rent and was again served with notice to quit in October, 1938, and had an order of ejectment made against him in December, 1938. The plaintiff now sued the defendant for the amount of rent due together with the costs of ejectment. Held...

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