SHANNON & LUCHS CO. v. TINDAL

No. 79-1048.

415 A.2d 805 (1980)

SHANNON & LUCHS CO., Appellant, v. Winifred H. TINDAL, Appellee.

District of Columbia Court of Appeals.

Decided June 9, 1980.

Rehearing En Banc Denied July 9, 1980.


Attorney(s) appearing for the Case

Richard W. Luchs, Washington, D.C., for appellant.

Harry L. Ryan, Jr., Arlington, Va., with whom Robert W. Hickey, Arlington, Va., was on brief, for appellee.

Before KELLY, HARRIS and FERREN, Associate Judges.


HARRIS, Associate Judge:

Appellant, who is appellee's landlord, brought, an action to recover possession of an apartment, based on the tenant's violation of a no-pet covenant in the lease. At the close of the evidence in a jury trial, the trial judge directed a verdict in favor of the tenant, finding as a matter of law that the landlord had permanently waived its right to enforce the covenant against her. After reviewing the record in the light most favorable to appellant...

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