Reget v. Dempsey-Tegeler & Co., Inc.

Defendant appeals from a judgment of the Circuit Court of Madison County where the court allowed plaintiffs’ motion for summary judgment.

The plaintiffs and defendant entered into a lease agreement in December, 1960, which provided that the defendant would lease premises owned by the plaintiffs. This suit involves a claim for rent accrued from April, 1965, through December, 1965, the termination date of the lease. The defendant’s answer to the complaint alleged that the plaintiffs failed to mitigate damages by failing, neglecting and refusing to use due diligence in acquiring a subtenant or…