Per Curiam.
According to the testimony the rent was due and payable on September 29, 1956. The tenant was not in default until the end of that day; therefore the service of the petition and precept on September 29, 1956 was premature.
The final order and judgment should be unanimously reversed, upon the law and facts, with $10 costs to tenant, and petition dismissed.
PETTE, HART and DI GIOVANNA, JJ., concur.
Final order and judgment reversed, etc.