In Re D.C. Diamond Head, Inc., 51 B.R. 309 (1985)

Citation: In Re D.C. Diamond Head, Inc., 51 B.R. 309 (1985)
Parent Document: In Re D.C. Diamond Head, Inc., 51 B.R. 309 (1985)
Jurisdiction: United States (federal)
Effective Date: 1985-04-22
Original Source: https://www.courtlistener.com/opinion/1898470/in-re-dc-diamond-head-inc/ ↗

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163 A.2d 623 (D.C.1960), which involved a ten-year lease. There, the court allowed avoidance of lease termination even at the time when a United States Marshal attempted in January 1960 to serve upon the tenant corporation an alias writ of restitution on the basis of a 1958 judgment. At the time of the attempted service, the tenant “made an unconditional tender of all monies due,” and the court thereupon upheld a permanent stay of execution, holding that the trial court properly “afford[ed] the [tenant] corporation equitable relief from the imminent termination of its lease” because the landlord “continuously indulged the corporation’s delinquencies and thus waived any right he ... might otherwise have had to abruptly terminate the lease and gain possession of the premises without giving the corporation .the opportunity to redeem itself.” Id. at 624. The more recent cases discussing Trans-Lux include Davis v. Rental Associates, Inc., 456 A.2d 820 (D.C.1983) (en banc). In Davis,

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