HOWARD, District Judge.
Plaintiff appeals from an order dismissing his action in ejectment at the close of his case, the trial judge ruling as a matter of law that plaintiff, by accepting rental payments after notice of forfeiture of the lease for their delinquency, had waived the breach.
The lease was for 1 year, commencing January 15, 1977, and contained an option to purchase to be exercised upon written notice to lessor at least 30 days before termination...
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