Fellows v. Martin, 217 Conn. 57 (1991)

Citation: Fellows v. Martin, 217 Conn. 57 (1991)
Parent Document: Fellows v. Martin, 217 Conn. 57 (1991)
Jurisdiction: Connecticut (state)
Effective Date: 1991-01-01
Original Source: https://www.courtlistener.com/opinion/7894295/fellows-v-martin/ ↗

Full Text

1,133 chars

Applying these considerations to the undisputed facts of this case, we conclude that eviction of the tenant would work a forfeiture “wholly disproportionate to the injury suffered.” In essence, the trial court ruled that for want of a $25.01 payment, withheld because of a dispute over a parking space, the tenant must forfeit a ninety-nine year lease and an advance rental payment of $9900. Although we ordinarily are reluctant to interfere with a trial court’s equitable discretion; Sturman v. Socha, 191 Conn. 1, 7, 463 A.2d 527 (1983); see also Natural Harmony, Inc. v. Norman, supra, *68149-50; we will reverse where we find that a trial court acting as a court of equity could not reasonably have concluded as it did; Leveston v. Leveston, 182 Conn. 19, 23, 437 A.2d 819 (1980); or to prevent abuse or injustice. Montanaro Bros. Builders, Inc. v. Snow, 4 Conn. App. 46, 54, 492 A.2d 223 (1985). This case presents just such a situation. Applying the maxim “de minimis non curat lex,” we find that under the circumstances presented, the underpayment of $25.01 is insufficient, as a matter of law, to justify such a forfeiture.11

Other Sections in This Document (44)

Full Text