R.A. Beaufort & Sons, Inc. v. Trivisonno, 403 A.2d 664 (1979)

Citation: R.A. Beaufort & Sons, Inc. v. Trivisonno, 403 A.2d 664 (1979)
Parent Document: R.A. Beaufort & Sons, Inc. v. Trivisonno, 403 A.2d 664 (1979)
Jurisdiction: Rhode Island (state)
Effective Date: 1979-07-11
Original Source: https://www.courtlistener.com/opinion/2054698/ra-beaufort-sons-inc-v-trivisonno/ ↗

Full Text

802 chars

In finding that the tenants had not breached the lease, the trial justice first referred to the lease’s ambiguity in regard to the due date of April’s rent and the tenant’s mailing of the rent. Later, he observed that the “landlord decided that he wanted her out, and he did, in fact, get her out. * * * In my view of the matter, sitting as a Court of Equity, there was no breach of that agreement at the time he went in'. I feel his conduct in the premises was unreasonable.” In taking this tack, the trial justice somehow overlooked the raison d’etre of collateral estoppel, which is the conservation of judicial resources by the elimination of repetitive litigation of the same issues, particularly between the same parties. Perez v. Pawtucket Redevelopment Agency, 111 R.I. at 336, 302 A.2d at 791.

Other Sections in This Document (37)

Full Text