Legal Opinion

Mar-Son, Inc. v. Terwaho Enterprises, Inc.

North Dakota Supreme Court

Decided October 26, 1977No. Civ. 9337PublishedCited by 15 opinions

1Opinion of the Court

PEDERSON, Justice.

This is an appeal by MAR-SON, Inc., from a judgment entered by the district court of Ward County after a trial without a jury. The court below found that MAR-SON, a landlord, was entitled to judgment against its former tenant, Terwaho, for accrued rent, but limited the amount of the judgment when it found that MAR-SON lacked good faith in attempting to mitigate damages. The judgment is affirmed.

In July, 1973 MAR-SON and Terwaho entered into a five-year written lease of premises to be used as a grocery store. The lease provided for a minimum annual rental of $21,000, and for…

2Cases cited18 opinions

  1. In Re Estate of ElmerNorth Dakota Supreme Court · 1973
  2. Ferguson v. FergusonNorth Dakota Supreme Court · 1972
  3. Wright v. BaumannOregon Supreme Court · 1965
  4. Gruman v. Investors Diversified Services, Inc.Supreme Court of Minnesota · 1956
  5. Stetson v. Investors Oil, Inc.North Dakota Supreme Court · 1966

13 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Austin Hill Country Realty, Inc. v. Palisades Plaza, Inc.Texas Supreme Court · 1997
  2. Schneiker v. GordonSupreme Court of Colorado · 1987
  3. MBC, INC. v. Space Center Minnesota, Inc.Appellate Court of Illinois · 1988
  4. Wallwork Lease & Rental Co. v. JNJ Investments, Inc.North Dakota Supreme Court · 1981
  5. Signal Management Corp. v. LambNorth Dakota Supreme Court · 1995

10 more not listed; retrieve them via the Exa API.

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