COWELL SALES CO. v. AIGNER

No. 80CA1014.

634 P.2d 997 (1981)

COWELL SALES COMPANY, a Colorado Corporation, Plaintiff-Appellee, v. Phil AIGNER, a/k/a Phillip R. Aigner, Defendant-Appellant.

Colorado Court of Appeals, Div. II.

Rehearing Denied June 4, 1981.

Certiorari Granted October 19, 1981.


Attorney(s) appearing for the Case

Knight & Schneider, Phyllis G. Knight, Denver, for plaintiff-appellee.

A. Daniel Rooney, Aurora, for defendant-appellant.


STERNBERG, Judge.

The issue in this appeal is whether service of a 3-day notice on a tenant who is delinquent in rent constitutes an election by the landlord to terminate the lease thus doing away with the tenant's obligation to pay rent for the balance of the term. We hold that it does not and, therefore, affirm the judgment of the district court.

When defendant Phillip R. Aigner, the tenant, was delinquent in rent, the landlord, plaintiff Cowell Sales Company...

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