Apple Valley Mall v. Floyd Realty Co., Inc., 97-4157 (1998) (1998)

Citation: Apple Valley Mall v. Floyd Realty Co., Inc., 97-4157 (1998) (1998)
Parent Document: Apple Valley Mall v. Floyd Realty Co., Inc., 97-4157 (1998) (1998)
Jurisdiction: Rhode Island (state)
Effective Date: 1998-03-30
Original Source: https://www.courtlistener.com/opinion/4113657/apple-valley-mall-v-floyd-realt... ↗

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On February 10, 1997 Simmons faxed and mailed a letter to Hernon that stated "[w]e look forward to receiving payment of the rental arrearage and other outstanding payments due. Once we have received all payments due, with interest to the date of payment, then Stop Shop's request for a refund or credit of such interest will be reviewed . . . ." Defendant's Exhibit BB. This statement was faxed to defendant within the 10 day cure period, which ended February 13, 1997, and also sent via regular mail. On February 14, 1997 plaintiff issued to defendant a notice of termination. Joint Exhibit I. On February 26, 1997 plaintiff issued to defendant a notice of nonwaiver certification. JointExhibit H. The defendant issued checks to plaintiff in the amounts of $19,073.50 on February 26, 1997; $8,870.75 on March 3, 1997; $18,218.00 on March 27, 1997. The plaintiff states that checks received after February 6, 1997 were mistakenly applied to the account balance and then removed from the defendant's ledger account because the plaintiff had terminated the lease.Deposition of Simmons at 31-32, 43-45.

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