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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Tuttle v. Martin, 352 A.2d 321 (1975)

Citation
Tuttle v. Martin, 352 A.2d 321 (1975)
Parent Document
Tuttle v. Martin, 352 A.2d 321 (1975)
Jurisdiction
Connecticut (state)
Effective Date
1975-05-05

Full Text

670 chars
There seems to be little doubt that the acceptance of rent after a forfeiture waives that forfeiture and creates or accepts a new tenancy. Hartford WheelClub v. Travelers Ins. Co., 78 Conn. 355, 359; Camp
v. Scott, 47 Conn. 366, 370; Hudson v. Kuszynski,12 Conn. Sup. 264, 266. It is totally inconsistent for a landlord to accept a rent check, whether absolute or conditional payment, under a nonexisting tenancy. The court is required to decide whether or not the plaintiff did accept the rental checks in issue as payment. "A long, unexplained retention of a check tends to show its acceptance for the purpose for which it was given." Borst v. Ruff, 137 Conn. 359,362.