MBC, INC. v. Space Center Minnesota, Inc.

I agree with the majority that the trial court correctly concluded that defendant waived the condition precedent by closing on the contract. However, I respectfully dissent from the majority’s decision to reduce the damages awarded to plaintiff based on its finding that plaintiff’s efforts to relet the premises were unreasonable.

In 1984, Illinois enacted a statute requiring a landlord or his agent to take reasonable measures to mitigate the damages recoverable against a defaulting lessee. (Ill. Rev. Stat. 1985, ch. 110, par. 9—213.1.) Prior to that time, however, including the period…