n  Woods  V.  Doherty,  153  Mass.  558,  per  Holmes,  J.
«  Clark  t;.  Gordon,  121  Mass.  330.
*<  Brooks  V,  Allen,  143  Mass.  201.   See  supra,  {$  35, 119.
»  Roth  V.  Adams,  185  Mass.  341.
"  Ibid;  Clark  v.  Gordon,  121  Mass.  330;  Wanen  v.  hyooB,  152  BiasB.
310.
«  Tulane  Univeraity  o.  O'Connor,  192  Mass.  428.
"/did.
330


VENDEB8  §238

§  238.  Vendees.® — ^A  vendee  of  premises,  where  the  vendor
refuses  to  cany  out  the  sale,  is  entitled  to  include  in  his  damages
the  amount  of  rent  which  he  would  have  been  entitled  to  if
the  estate  had  been  conveyed  to  him  at  the  stipulated  time.^
He  is,  of  course,  entitled  to  all  rent  falling  due  after  the  sale,
although  for  a  period  wholly  or  chiefly  before  the  sale;  but
he  is  not  entitled  to  rent  in  arrear  at  the  time  of  the  grant.'^

§  239.  No  demand  necessary. — To  maintain  an  action  for
rent,  it  is  not  necessary  for  the  landlord  to  make  any  previous
demand  for  payment;  and  this  is  so  whether  the  amount  is
fixed  by  the  terms  of  the  lease,'^  or  whether  the  amoimt  has
been  left  imcertain.^  The  reason  of  this  is,  that  it  is  the
tenant's  duty  to  pay  his  rent  without  any  notice  from  the
lessor,  for  the  tenant  knows  precisely  when  the  rent  is  due
and  to  whom  it  is  payable.  The  frequent  custom  of  collecting
rent  by  an  agent,  who  makes  a  demand  for  it  upon  the  tenant,
or  in  person,  is,  therefore,  merely  a  matter  of  convenience.
In  theory,  it  is  the  tenant's  duty  to  seek  out  his  landlord  and
tender  the  amount  due.
