Legal Opinion

Carpenter Et Ux v. Wisniewski Et Ux

Indiana Court of Appeals

Decided April 25, 1966No. 20,362PublishedCited by 18 opinions

1Opinion of the CourtWickens, J.

— The extent to which a landlord must go to re-let premises when a tenant vacates before the term has ended, is involved here.

Plaintiff-appellees owned a building which was leased to appellants for the operation of a drug store. The terms of the written lease provided:

“SEVENTH. If said party of the second part shall abandon or vacate said premises, the same shall be re-let by the party of the first part for such rent, and upon such terms as said first party may see fit; and if sufficient sum shall not be thus realized, after paying all expenses of such re-letting and collecting, to satisfy…

2Cases cited4 opinions

  1. Miller, Etc. v. Ortman, Etc.Indiana Supreme Court · 1956
  2. Powell v. JonesIndiana Court of Appeals · 1912
  3. Paxton Realty Corp. v. PeakerIndiana Supreme Court · 1937
  4. Waffle v. IrelandIndiana Court of Appeals · 1927

3Cited by18 opinions

  1. Sigsbee v. SwathwoodIndiana Court of Appeals · 1981
  2. Hirsch v. Merchants National Bank & T. Co. of Ind.Indiana Court of Appeals · 1975
  3. Sommer v. KridelSupreme Court of New Jersey · 1977
  4. Grueninger Travel Service of Fort Wayne, Indiana, Inc. v. Lake County Trust Co.Indiana Court of Appeals · 1980
  5. Price v. MerrymanIndiana Court of Appeals · 1970

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