Guiras

Defendant appeals- from a judgment awarded to plaintiffs in the amount of $550 on account of unpaid rent. The facts, which are not in dispute, disclose that under date of August 30, 1924, the plaintiffs and defendant entered into a written lease under which plaintiffs demised to the defendant certain premises for a term of years, and in consideration of which the latter agreed to pay a total rental of $28,050 at the rate of $550 in advance on the first of each month. The lease acknowledged the payment by defendant of the sum of $1100, “Five Hundred Fifty ($550.00) Dollars of which is to cover the first month’s rent and Five Hundred Fifty ($550.00) Dollars as a deposit as a guarantee that said Lessee will perform all the conditions of this lease, and if so performed, will be applied to the last month’s rent and if not so performed, is to be retained by the Lessor as a forfeit.”

No rent having been paid either for the month of June or the month of July, 1926, the plaintiffs on July 2, 1926, caused a notice to be served on the defendant requiring the latter within three days to pay the sum of $1100, being the rental for the months of June and July, 1926, or to deliver up possession…