For Your Data Ruud V. Larson Example Brief

Ruud v. Larson case brief summary
392 N.W.2d 62 (1986)

CASE SYNOPSIS

Defendant lessee appealed from the judgment of the District Court of Cass County (North Dakota) that awarded damages to plaintiff lessor inwards an activeness involving the breach of a commercial existent estate lease.

CASE FACTS
The lessor in addition to the lessee executed a 10-year lease that was after extended for some other 10-year term. The lessee constructed in addition to operated a car launder in addition to gasoline sales outlet on the property. When the lessee failed to brand timely rental payments in addition to every bit good failed to pay holding taxes every bit required yesteryear the terms of the lease, the lessor commenced an activeness for breach of the lease.

PROCEDURAL HISTORY
The trial courtroom awarded damages to the lessor in addition to flora that the lessee had breached the lease yesteryear failing to pay taxes, rent, in addition to yesteryear failing to render liability insurance in addition to to continue the holding inwards proficient repair.

DISCUSSION

In affirming the judgment, the courtroom held that the trial court's finding that the lessor had made diligent efforts to sublease the holding in addition to thereby mitigate damages was non clearly erroneous.
The courtroom noted that the lessor made over 140 contacts amongst unopen to l prospective tenants simply had received no written offers to lease the property.

CONCLUSION
The courtroom affirmed the judgment.

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