IHFC Properties, LLC v. Whalen Furniture Manufacturing, Inc.

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

Following a bench trial, the district court concluded that Whalen Furniture Manufacturing, Inc. (“Whalen Furniture”), was estopped from asserting a statute of frauds defense and awarded IHFC Properties, LLC (“IHFC”), $172,470.51, which represented the base rent, common area maintenance (“CAM”) charges, Consumer Price Index (“CPI”) escalation charges, and showroom taxes remaining under the lease that IHFC was unable to mitigate after Whalen Furniture vacated IHFC’s property.

Whalen…