Gradle v. Warner

Citations

• 140 Ill. 123
• 29 N.E. 1118

Syllabus

<p>1. Lease—;forfeiture for non-payment of rent. A lease provided for the payment of $62.50 rent, semi-annually, on the first days of May and November in each year, and gave the lessor the right to declare the term ended if default should be made in the payment of rent. The rent falling due November 1,1890, remaining unpaid, the lessor, on December 4,1890, notified the lessee that the rent due must be paid on or before January 1,1891. On January 3 the lessee offered the lessor a check for $50, the rent then due being only $47.70, but being unable to make the change, the lessor told the lessee’s agent to hold the check, and that he would call and get it: Held, that the facts failed to show any declaration of forfeiture of the lease up to January 4,1891.</p> <p>2. Same—forfeiture, how declared—how waived. Notwithstanding a lease may provide that if the rent shall be unpaid on the day fixed, or default shall be made in any of its covenants, the lessor may declare the term ended, still he may waive such provision, and until some act is done to manifest an intention to declare a forfeiture, it will be presumed that the lessor has waived the right. Although a lessor declaring a forfeiture may not be required to give notice of his election so to do, he must do some act manifesting an intention to terminate the lease, and until such act is done the lease will remain in full force. After an offer to pay the rent, it is too late to declare a forfeiture.</p> <p>3. Tendeb—offer of certifícale of deposit. The tender of a certificate of deposit of $50 in payment of $47.70 of rent due, if not objected to at the time on some proper ground, will be sufficient to prevent the lessor from declaring a forfeiture of the term for non-payment of rent.</p> <p>4. Same—objections to character of tender—waived if not made specific. Where a certificate of deposit or a bank check may be offered in payment of a debt, and the creditor fails to make any objection on that account, the objection will