Edwards v. Totten
Court of Appeals for the D.C. Circuit
Hearing oil an appeal by the defendant from a judgment of tiie Supreme Court of the District of Columbia in a landlord and tenant proceeding. The 'Court in the opinion stated the facts as follows: This is a landlord and tenant proceeding instituted in the municipal court of the District of Columbia. The action was brought by appellee, Howe Totten, plaintiff below, for possession of the premises involved and for judgment for the balance of rent due.
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Hearing oil an appeal by the defendant from a judgment of tiie Supreme Court of the District of Columbia in a landlord and tenant proceeding. The 'Court in the opinion stated the facts as follows: This is a landlord and tenant proceeding instituted in the municipal court of the District of Columbia. The action was brought by appellee, Howe Totten, plaintiff below, for possession of the premises involved and for judgment for the balance of rent due. On hearing, defendant, Channing M. Edwards, tendered to plaintiff the balance of rent due, which was accepted, and a judgment for plaintiff for…
1Opinion of the CourtJustice Van Orsdel
Variance is claimed in that plaintiff averred that defendant held under a monthly tenancy, while it is conceded that he was a tenant by sufferance as defined in our Code. This variance is immaterial; since, in either instance, the tenancy may be terminated by thirty days’ notice to quit, as was given in this case. '
It is urged that the acceptance of the tender of the amount due’ on the date of the hearing in the municipal court abated plaintiff’s right of action. This was not the receipt of rent after notice to quit or rent for a new term. It was for rent already in arrears, and merely…
2Cited by8 opinions
- Habib v. ThurstonDistrict of Columbia Court of Appeals · 1986
- Burrows Motor Co. v. DavisDistrict of Columbia Court of Appeals · 1950
- Shapiro v. ChristopherCourt of Appeals for the D.C. Circuit · 1952
- Hall v. Henry J. Robb, Inc.District of Columbia Court of Appeals · 1943
- Rhodes v. United StatesDistrict of Columbia Court of Appeals · 1973
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