Harmsen v. Dr. MacDonald's, Inc.

DONIELSON, Presiding Judge.

Plaintiff landlord appeals and defendant tenant cross-appeals from the judgment in an action for breach of a lease agreement. The plaintiff asserts that under the terms of the lease agreement defendant failed to establish a right to recover upon its counterclaim that plaintiff had breached the lease agreement. The defendant asserts that the evidence was insufficient to support a finding that plaintiff exercised reasonable diligence in an attempt to mitigate damages. We affirm.

On January 21, 1981, the plaintiff entered into an agreement of lease with the defendant.…