Reid v. Mutual of Omaha Ins. Co.
Supreme Court of Utah
776 P.2d 896 (1989)
In 1980, Mutual of Omaha (Mutual) (defendant)
leased property from Reid (plaintiff) for a term of five years. Soon after, the
adjacent space was leased to Intermountain Marketing (Intermountain). Mutual
complained to Reid that Intermountain’s employees were too noisy, occupied all
of Mutual’s parking spaces, and otherwise interfered with Mutual’s operations.
In 1982, Mutual vacated the premises, and Reid sued to recover unpaid rent for
the remainder of the lease term. Mutual counterclaimed for constructive
eviction based on Reid’s failure to address the former’s complaints regarding
Intermountain. During litigation, Reid remodeled Mutual’s former space and
leased it to Intermountain for the remainder of the five-year term. Several
months later, however, Intermountain filed for bankruptcy and vacated, after
which the property remained unoccupied. The trial court rejected Mutual’s
constructive eviction claim and awarded Reid the total rent due for the
remainder of the lease term minus rents received from Intermountain for the subject
premises. Mutual argued on appeal that it was only liable for the rent that was
due between Mutual’s last payment and the reletting to Intermountain because
the reletting amounted to an acceptance of the breach and a mutual termination
of the lease. Mutual also argued that even if it was liable for rents after the
reletting to Intermountain, Reid had a duty to seek a replacement tenant after
Rule of Law
Holding and Reasoning (Zimmerman, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 166,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.