DUNBAR HOUSING AUTHORITY v. NESMITH

No. 19605.

400 S.E.2d 296 (1990)

DUNBAR HOUSING AUTHORITY v. Virginia NESMITH.

Supreme Court of Appeals of West Virginia.

December 14, 1990.


Attorney(s) appearing for the Case

Mark E. Kauffelt, Kauffelt & Kauffelt, Charleston, for Dunbar Housing Authority.

David Anthony Sade, Legal Aid Soc. of Charleston, Charleston, for Virginia Nesmith.


MILLER, Justice:

In this appeal, Dunbar Housing Authority (DHA) complains of a ruling of the Circuit Court of Kanawha County, which dismissed its suit to evict Virginia Nesmith, a tenant. The circuit court ruled that because DHA had accepted rent on behalf of Ms. Nesmith after giving notice of intent to evict, it had waived the claimed breach of the lease and was precluded from maintaining the eviction proceedings as a...

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