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Hanover Logansport, Inc. v. Robert C. Anderson, Inc.
Court of Appeals of Indiana, Third District
512 N.E.2d 465 (Ind. App. 1987)
Hanover Logansport, Inc. (Hanover) (defendant) contracted to lease property to Robert C. Anderson, Inc. (Anderson) (plaintiff). Hanover was unable to deliver the property to Anderson on the date in the contract and so Anderson filed suit for breach of contract. However, before trial, Hanover offered to deliver the property and Anderson accepted it subject to the following condition: “[T]he offer is only accepted for purposes of mitigation of damages and not in settlement of damages arising to Plaintiff caused by Defendants’ breach of contract.” The parties then filed a stipulation that the judgment should be recorded in the judgment record book of the court. Anderson took possession, and Hanover then moved to dismiss the breach of contract claim. The trial court denied the motion. Hanover appealed, arguing that Anderson had accepted its offer of specific performance and was barred from continuing the litigation.
Rule of Law
Holding and Reasoning (Staton, J.)
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