Wright v. Baumann

Plaintiffs seek to recover for a breach of agreement under which plaintiffs agreed to erect an office building and defendant, a dentist, agreed to enter into a lease of one of the offices after the building was constructed. Both parties waived a jury trial. Defendant appeals from a judgment for plaintiffs.

Defendant’s principal assignments of error are di rected at the trial court’s rejection of evidence tending to show that plaintiffs had the opportunity to mitigate damages but refused to do so. Plaintiffs’ objections to defendant’s questions relating to mitigation were sustained by the trial…