City of Dallas v. Brown

I do not agree to a reversal of this cause,. and believe it should be affirmed; that is to say, the trial court did not err in refusing above defensive issues, because the doctrine of mitigation of damages is nowise applicable to the facts and circumstances of. plaintiff’s cause of action. If, prior to said breach, plaintiff’s dealings with defendant were not based upon an express novated contract, then certainly such agreement to furnish water was implied, terminable only on failure to pay current bills. (Of course, defendant could at any time have required plaintiff to conform to the…