Hoppenstein Properties, Inc. v. Schober

OPINION

TERRIE LIVINGSTON, Chief Justice.

This is an appeal from a jury trial on what damages, if any, a landlord of commercial lease property was entitled to when the tenant prematurely vacated the leased premises. In three issues, appellant Hoppenstein Properties, Inc. challenges the jury’s finding that it failed to mitigate its damages upon the breach by appellees Bill Schober and Another Man’s Treasure, L.L.C. (issues one and two) and the trial court’s failure to include in the jury charge that the breaching tenant bears the burden to prove the landlord’s failure to mitigate (issue three).…