Sagamore Corp. v. Willcutt

180 A. 464 (1935)

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Nature of the Case

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Facts

P leased premises to D for an annual rent of $480 per year payable at $40 per month for a term of one year. D occupied the premises from October to February and then moved out on February 1. D notified P he would no longer pay rent. P sued D and D demurred to the complaint; the breach of the covenant to pay rent on the first of each month during the remainder of the term creates no debt until the time stipulated for the payment arrives. D contends that P is not entitled to an action before the expiration of the term of the lease.