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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Zitomer v. Palmer, 446 A.2d 1084 (1982)

Citation
Zitomer v. Palmer, 446 A.2d 1084 (1982)
Parent Document
Zitomer v. Palmer, 446 A.2d 1084 (1982)
Jurisdiction
Connecticut (state)
Effective Date
1982-04-16

Full Text

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In its memorandum of decision, the trial court clearly addressed and considered the equitable doctrine against forfeiture. It reviewed at length the equitable principles set down in Thompson v. Coe, supra, and their application to summary process by virtue of Steinegger v. Fields, supra. After extensive review of the evidence and the factual basis of its decision, *Page 346 
the trial court concluded that "the equities here are more clearly with the plaintiff." Additionally, the trial court found no unusual or exigent circumstances, or accidents or interventions by third parties to cause the rental default. It concluded that the defendants were unable to meet the financial burden of owning or occupying this property and that equity did not require that the plaintiff repeatedly forego what were clearly his rights under the lease, the option and chapter 830 of the General Statutes.