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Mesilla Valley Mall Co. v. Crown Industries

808 P.2d 633 (1991)

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Mesilla Valley Mall Co. v. Crown Industries

New Mexico Supreme Court

808 P.2d 633 (1991)

Facts

Crown Industries (defendant) rented commercial space at a mall from Mesilla Valley Mall Company (plaintiff). Crown wanted to renegotiate its lease, but Mesilla was unwilling. As a result, Crown decided to abandon the premises. Crown paid rent through February 1, 1989. On February 1, Mesilla repossessed the space and permitted the Las Cruces Museum of Natural History to occupy the space rent-free. Under Mesilla’s agreement with the museum, the museum would immediately vacate the space at Mesilla’s request. Mesilla sued Crown, seeking rent payments for the remaining months on Crown’s lease. Mesilla acknowledged that the museum attracted people to the mall. The trial court held that Crown was not liable for additional rent, because Mesilla had accepted Crown’s surrender of the lease. Mesilla appealed.

Rule of Law

Issue

Holding and Reasoning (Ransom, J.)

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