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CHERTKOF v. SOUTHLAND CORP.

[No. 86, September Term, 1976.]

280 Md. 1 (1977)

371 A.2d 124

JACK O. CHERTKOF, TRUSTEE OF DAVID W. CHERTKOF TRUST v. THE SOUTHLAND CORPORATION ET AL.

Court of Appeals of Maryland.

Decided March 22, 1977.

Attorney(s) appearing for the Case

Edwin J. Wolf, with whom were Archibald Eccleston, III and Eccleston, Seidler & Miller on the brief, for appellant.

Lawrence F. Rodowsky, with whom was Fred Wolf, III on the brief, for The Southland Corporation; Norman P. Ramsey and Joseph A. Schwartz, III on the brief for 31 Flavors Stores Realty, Inc. and Baskin-Robbins Eastern Corp., appellees.

The cause was argued before MURPHY, C.J., and SINGLEY, SMITH, DIGGES, LEVINE, ELDRIDGE and ORTH, JJ.

LEVINE, J., delivered the opinion of the Court.

The question presented here is whether a lessor, despite his written disclaimer of any intention to do so, waived a lessee's breach of covenant in a lease by accepting rent which accrued subsequent to the breach. Following a nonjury trial, the Superior Court of Baltimore City (Liss, J.), in a thoroughly considered opinion, held that waiver could occur even though the lessor had acknowledged acceptance of the rent by...

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