Frenchtown Square Partnership v. Lemstone, Inc.

791 N.E.2d 417 (2003)

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Frenchtown Square Partnership v. Lemstone, Inc.

Ohio Supreme Court
791 N.E.2d 417 (2003)

SC

Facts

Lemstone, Inc. (defendant) leased space in a mall from Frenchtown Square Partnership (plaintiff). With approximately six months remaining on Lemstone’s lease term, Lemstone abandoned the premises because it could not afford to pay rent. Frenchtown did not relet the space. Frenchtown sued Lemstone to recover the unpaid rents. The trial court granted Frenchtown summary judgment. The court of appeals reversed in part, holding that Frenchtown had a duty to mitigate Lemstone’s damages. Frenchtown appealed.

Rule of Law

Issue

Holding and Reasoning (O’Connor, J.)

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