¶1According 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.
¶2The final order and judgment should be unanimously reversed, upon the law and facts, with $10 costs to tenant, and petition dismissed.
¶3Pette, Hart and Di G-iovanna, JJ., concur.
¶4Final order and judgment reversed, etc.