Landlord and Tenant — Lessor and Lessee — Notice of Intention to Cancel Lease — Withdrawal.
Where a lessor, under a power contained in the lease, gives notice to lessee of his intention to cancel the lease and take possession at the end of thirty days, for nonpayment of rent, such notice is not an offer which may be accepted by the tenant and thus made irrevocable, but the lessor may withdraw it and sue for the rent.
CLARK, J.
This case is governed by Patrick v. R. R., 93 N.C. 422. The notice is not an offer which the lessee could accept and thereby make irrevocable. It was a notice of proposed action under the contract which by its terms the lessee could avoid by payment in 30 days of the rent due. The recall of the notice is not an attempted renewal of an ended contract by the withdrawal of a notice in pursuance of which it might soon have ended. Patrick v. R. R., supra, p. 428.
It is not necessary to repeat the strong reasoning of Smith, C. J., in that case. The notice could have been withdrawn at any time before the day named for it to take effect. It was vox emissa sed non irrevocabilis.
Error.
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