Obernauf v. Haberstich

PRESIDING JUSTICE NASH

delivered the opinion of the court:

Plaintiff, Melissa Obernauf, brought a small claims action for breach of oral contract against her former co-lessee, Josephine (Heugh) Haberstich, based upon a mutual promise to divide apartment expenses equally until termination of the lease. After a bench trial, plaintiff’s request for damages for back rent was denied by the court based upon plaintiff’s failure to mitigate damages. She appeals, contending the trial judge exceeded the bounds of judicial propriety in sua sponte raising an affirmative defense to plaintiff’s complaint and…