
    
      [Special Term,
    
    
      May, 1870.]
    The City v. Fitzgerald.
   Storer, J.

Action to recover rent due under a lease. The defendant demurred on the ground that there was no averment in the petition of a demand having been made. It appeared the parties-covenanted that an entry might be had for non-payment of rent without demand being first made.

In Garratt v. Sweeney, 2 Disney, 601, we held, in General Term, that such a stipulation proved the necessity of a demand, on the authority of Lord Coke, in Dormer’s Case, 3 Co. 41.

Demurrer overruled.  