Ruud v. Larson
Supreme Court of North Dakota
392 N.W.2d 62 (1986)
In 1966, Ruud (plaintiff) leased property to Larson (defendant) for a ten-year term, at the conclusion of which the lease was renewed for another ten years. Larson operated Mid-State Oil Company on the premises. In 1981, Larson failed to pay property taxes, and in early 1982, Larson failed to pay rent for two months. Rudd sued for breach of the lease, and the trial court found that Larson failed to pay real estate taxes from 1981 to 1985, and rent totaling $24,500. Larson had attempted to find a sublessor to pay $1,200 per month in rent. Before trial, Mid-State had declared bankruptcy and the bankruptcy court approved the sale of substantially all of Mid-State’s assets to Charles Luna. Larson and Luna agreed that Larson would pay all tax arrearages. After Larson vacated the premises, Ruud repaired and advertised the premises for rent. These efforts produced 140 contacts and fifty prospective tenants. The trial court found that Ruud had made diligent efforts to mitigate damages. Larson appealed, arguing that the district court erred in finding that Ruud had made a good faith effort to mitigate.
Rule of Law
Holding and Reasoning (Gierke, J.)
Dissent (Levine, 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 168,000 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.