Austin Hill Country Realty, Inc. v. Palisades Plaza, Inc.

Austin Hill Country Realty, Inc. (Hill Country) (defendant) failed to designate a representative to communicate with landlord Palisades Plaza, Inc. (Palisades) (plaintiff) about promised office improvements, and Palisades treated that silence as an anticipatory breach of their five-year commercial lease and sued for damages. At trial, Hill Country sought a jury instruction reducing Palisades's damages by any amount Palisades could have avoided through reasonable care, but the trial judge refused it; the jury awarded Palisades $29,716, and the court of appeals affirmed.