In Re D.C. Diamond Head, Inc., 51 B.R. 309 (1985)

Citation: In Re D.C. Diamond Head, Inc., 51 B.R. 309 (1985)
Parent Document: In Re D.C. Diamond Head, Inc., 51 B.R. 309 (1985)
Jurisdiction: United States (federal)
Effective Date: 1985-04-22
Original Source: https://www.courtlistener.com/opinion/1898470/in-re-dc-diamond-head-inc/ ↗

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195 A.2d 744 (D.C.1963), involved a permanent stay of execution of a judgment of eviction and writ of restitution for nonpayment of rent, based on the landlords’ waiver. There, the landlords, in accordance with a lease clause, gave ten days’ written notice of lease termination, based on both nonpayment of rent and another default. Then they filed suit for possession and for rental arrears. Soon they filed a second suit for possession, alleging default in payment of rent for a period after the date when, according to the first suit, the lease had terminated. The court held that- the second suit was “tantamount to a waiver of the prior breaches” on which the first suit was based. More pertinent to *312 this case, the court in Molyneaux repeated almost verbatim the language from Trans-Lux which is quoted at the outset of this opinion:

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