Legal Opinion · Concurrence

AMERICAN HOLDING COMPANY v. Hanson

Utah Supreme Court

Decided January 21, 1970No. 11743Published

1ConcurrenceEllett, Justice

I concur in the result reached in the main •opinion but not for the reasons stated therein. I base my concurrence solely upon the ■ground that the plaintiff had repeatedly allowed the defendants to get in arrears in the payment of the rent and then allowed them to bring the payments up to date. Without giving the defendants a chance to pay'and without having notified them that no further delinquencies would be permitted, the plaintiff began this action to terminate the lease. The courts do not allow a forfeiture under such circumstances. The case of Pacific Development Co. v. Stewart, 113…

2Cases cited10 opinions

  1. Buchanan v. CritesUtah Supreme Court · 1944
  2. King v. FirmUtah Supreme Court · 1955
  3. Allen v. HounWyoming Supreme Court · 1923
  4. Eastman v. GurreyUtah Supreme Court · 1897
  5. Gerard v. YoungUtah Supreme Court · 1967

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