Judges: DAVIS, J. —
Attorneys: W. M. Murphy and George P. Garrett, for Relator;
Dickinson Dickinson, for Respondent.
Filed: Jan. 21, 1935
Latest Update: Mar. 02, 2020
Summary: A defendant, sued as a tenant at sufferance *Page 222 in a landlord and tenant removal proceeding instituted against him under Sections 5407-5417 C. G. L., 3543-3553 R. G. S., filed an affidavit of defense, denying that he, said defendant, was a tenant at sufferance, and setting forth that the plaintiff had made a certain written contract of lease with him, simultaneously therewith executing a separate contract, consisting of an option to purchase the property for $38,752.00, in pursuance of whi
Summary: A defendant, sued as a tenant at sufferance *Page 222 in a landlord and tenant removal proceeding instituted against him under Sections 5407-5417 C. G. L., 3543-3553 R. G. S., filed an affidavit of defense, denying that he, said defendant, was a tenant at sufferance, and setting forth that the plaintiff had made a certain written contract of lease with him, simultaneously therewith executing a separate contract, consisting of an option to purchase the property for $38,752.00, in pursuance of whic..
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I think the writ should issue because the affidavit of defense which admits possession originally as tenant does not with sufficient particularity allege compliance with all the conditions of a valid exercise of the option to purchase without which the option becomes null and void.
