Reid v. Mutual of Omaha Insurance Co.

ZIMMERMAN, Justice:

Mutual of Omaha (“Mutual”) appeals from a judgment in a nonjury trial finding it liable to Mervin and Ethna Reid (“the Reids”) for breach of a lease for office space. Mutual contends that the trial court erred in rejecting its claim that the Reids had constructively evicted Mutual and that it also erred in calculating the damages due the Reids. We affirm the judgment of liability for breach of the lease but reverse in part on the determination of damages.

In September of 1980, Mutual, as tenant, and the Reids, as landlord, entered a five-year lease agreement for office space…