Russell Land Co. v. Mandan Chrysler-Plymouth, Inc.

MESCHKE, Justice.

Mandan Chrysler-Plymouth, Inc., (“MCPI”) appeals from a judgment (1) holding that false representations of insolvency justified rescission of Russell Land Company’s written release of MCPI’s lease obligation for rent of a building, and (2) awarding Russell a judgment of $32,601.32 for net rent due after certain mitigations. We affirm.

Russell leased a building to MCPI, which it used for an automobile dealership. In conversations during the spring of 1981, Bruce Whittey, an officer of MCPI, told Russell that MCPI was having financial problems and was planning to close its…