Judge Scott Fairgrieve
Tenant moved to stay all of landlord Guillan's proceedings, and staying the sheriff from enforcing any judgment or warrant of eviction in this commercial non-payment proceeding. The parties entered into a stipulation of settlement agreeing that tenant would pay Guillan two separate payments of $2,500 on consecutive dates, and tenant would produce a bona fide contract of sale for his barbershop, among other things. Tenant made the first payment, but due to a clerical error by a credit union, the second check did not clear. Tenant immediately contacted Guillan on numerous occasions with no response. The court found tenant failed to make the second payment solely due to a banking error, and upon the discovery sought to immediately cure the noncompliance. It noted given the promptness of tenant's attempt to cure and good faith efforts to reach Guillan, tenant did not breach the stipulation. The court further held that tenant satisfied the requirement of providing a bona fide contract of sale as the memorandum of understanding provided should be construed as a contract of sale because it evinced the parties' meeting of the minds of the essential terms of the assignment of the lease.
