D'Amico v. Graver

McCALEB, Justice.

This suit, as originally filed, was for recovery of $9,315 allegedly resulting from a breach of an executory contract to lease appellant’s premises. However, at the outset of the trial, counsel for appellant informed the court that appellant had leased the premises to another party for a three-year period commencing June 15, 1954 and that, therefore, the rental damages sustained as a result of the alleged breach had been reduced to the loss of rent for four and one-half months, approximating $1,-012.50, plus other damages not exceeding $600. Following the trial, the suit, as…