Bruno Benedetti & Sons, Inc. v. O'Malley

On February 7, 1981, defendants Robert and Margaret O’Malley entered into an installment agreement with plaintiff for a residential property. The O’Malleys failed to make installment payments for January, February and March 1982. On February 19, 1982, plaintiff’s notice of intent to declare a forfeiture was served on Robert O’Malley at his place of business, and, at the same time, a copy addressed to Margaret O’Malley was also delivered to Robert O’Malley. On or about March 23, 1982, the O’Malleys vacated the premises.

On June 17, 1982, plaintiff filed a two-count complaint against the…