Legal Opinion

Stubbs v. Stuart

Court of Appeals of Texas

Decided June 9, 1971No. 500PublishedCited by 9 opinions

1Opinion of the Court

SAM D. JOHNSON, Justice.

Robert C. Stuart, the plaintiff-lessor, brought this suit against Jerry Q. Stubbs, the defendant-lessee, to recover $750 in accrued monthly rental payments under a written lease agreement. The defendant admitted the execution of the lease agreement but defended the suit on the ground that plaintiff had not exercised reasonable diligence in attempting to relet the property in order to mitigate the damages. Trial was to the court without the intervention of a jury. The trial court made findings of fact and conclusions of law. The trial court made two findings which are…

2Cases cited5 opinions

  1. Hoover v. WukaschTexas Supreme Court · 1953
  2. Goldman v. BroylesCourt of Appeals of Texas · 1911
  3. Willis v. ThomasCourt of Appeals of Texas · 1928
  4. Robinson Seed Plant v. Hexter KramerCourt of Appeals of Texas · 1914
  5. Wukasch v. HooverCourt of Appeals of Texas · 1952

3Cited by9 opinions

  1. Resolution Trust Corp. v. CramerCourt of Appeals for the Fifth Circuit · 1993
  2. Bifano v. Young, Texas Court of Appeals, 13th District1983
  3. Meineke Discount Muffler Shops, Inc. v. Coldwell Banker Property Management Co.Court of Appeals of Texas · 1982
  4. Carter v. SandbergNew Jersey Superior Court Appellate Division · 1983
  5. Zambrano v. OlivasCourt of Appeals of Texas · 1972

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