Tri-Bullion Smelting & Development Co. v. Ozark Smelting & Mining Co.

Citations

• 24 N.M. 651
• 176 P. 817

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. When the lease provides for a notice requiring the tenant in the alternative, either to perform the covenant or relinquish- possession, the notice must recite the breach or stipula-lion relied on with sufficient particularity to enable the lessee to correct his default. P. 655.</p> <p>2. Where a lease provides for its termination upon failure of the lessee to comply with any of the terms and conditions of the lease, after 30 days’ notice of default and demand for compliance, a complaint filed in a suit for possession of the premises setting up defaults in the terms and conditions of the lease will not take the place of a notice provided for by the terms of the lease, under which the lessee is- to have 30 days’ time within which to comply. P. 656.</p>