Joyner v. Jonathan Woodner Co., 479 A.2d 308 (1984)

Citation: Joyner v. Jonathan Woodner Co., 479 A.2d 308 (1984)
Parent Document: Joyner v. Jonathan Woodner Co., 479 A.2d 308 (1984)
Jurisdiction: DC (municipal)
Effective Date: 1984-07-06
Original Source: https://www.courtlistener.com/opinion/2403331/joyner-v-jonathan-woodner-co/ ↗

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331 A.2d 323, 326-27 (D.C.1975). Here, appellants argue that they did not stipulate to the issue of notices to quit. The record, however, indicates to the contrary. The notice issue was raised as a preliminary matter prior to the start of the trial, and, after a discussion between the trial judge and counsel, the trial judge specifically stated that a stipulation had been reached to remove notice to quit as an issue. Counsel for appellants did not object to the court’s statement and did not challenge at trial the sufficiency of the notice to quit. Nor did appellants’ counsel object when Woodner’s counsel referred to the stipulation during closing argument. Given this record, appellants cannot now assert that the court erred in failing to instruct the jury that Woodner was required to prove valid notice. 4 III

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