Pruett Jewelers, Inc. v. J. Weingarten, Inc.

DUNAGAN, Chief Justice.

This is a summary judgment case. Suit was instituted in the 7th Judicial District Court of Smith County by the appellee, J. Weingarten, Inc., against appellants, Pruett Jewelers, Inc., as the tenant, and William F. Pruett, individually as guarantor on a lease, alleging that said tenant had moved from the premises with 40 months of said lease remaining. Wein-garten further alleged that it had duly attempted to lease said premises to others to mitigate the damage and gave credit for all periods while the premises were leased during the remainder of the term. Appellant…