Hanover Logansport, Inc. v. Robert C. Anderson, Inc.
Court of Appeals of Indiana, Third District
512 N.E.2d 465 (Ind. App. 1987)
Hanover Logansport, Inc. (defendant) contracted to lease property to Robert C. Anderson, Inc. (plaintiff) but could not deliver it on time, prompting Anderson to sue for breach of contract. Before trial, Hanover offered to deliver the property, and Anderson accepted "only for purposes of mitigation of damages," purporting to reserve its right to seek damages for the delay. The parties stipulated to record the judgment, Anderson took possession, and Hanover then moved to dismiss the breach-of-contract claim, arguing Anderson's acceptance of the offer barred further litigation. The trial court denied the motion, and Hanover appealed.
Whether a plaintiff who accepts an offer of judgment conforming to one of the prayers for relief in its cause of action may then seek additional damages arising from the same cause of action.