SFP, Inc. v. Hunneman & Co.

This is an action in contract to recover rent allegedly due upon the defendant-tenant’s breach of a commercial lease.

Partial summary judgment upon the plaintiffs Dist/Mun. Cts. R. Civ. P., Rule 56 motion was granted based on the defendant’s admission that it was in breach of the parties’ commercial lease. The defendant denied, however, that the plaintiff was entitled to recover any damages on the grounds that the plaintiff either “accepted” the defendant’s “surrender” of the premises, or failed to mitigate its damages upon the alleged termination of the parties’ commercial lease.

At a hearing…