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Frenchtown Square Partnership v. Lemstone, Inc.

Ohio Supreme Court

791 N.E.2d 417 (2003)

Relevant factsFree

Lemstone, Inc. (defendant) leased mall space from Frenchtown Square Partnership (plaintiff) but abandoned the premises about six months before its lease expired because it could not afford rent. Frenchtown made no effort to relet the space and instead sued Lemstone for the full unpaid rent; the trial court granted Frenchtown summary judgment, but the court of appeals reversed in part, holding Frenchtown had a duty to mitigate its damages, and Frenchtown appealed.

IssueFree

Whether commercial landlords owe a duty to mitigate damages caused by a breaching tenant's abandonment of the lease.

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