WALSH v. E. G. SHINNER & CO.

No. 3617.

20 F.2d 586 (1927)

WALSH et al. v. E. G. SHINNER & CO., Inc.

Circuit Court of Appeals, Third Circuit.

July 5, 1927.


Attorney(s) appearing for the Case

James R. Morford, John R. White, and Marvel, Layton, Hughes & Morford, all of Wilmington, Del., for plaintiffs in error.

Aaron Finger and Robert H. Richards, both of Wilmington, Del., for defendant in error.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.


WOOLLEY, Circuit Judge (after stating the facts as above).

The sole question here for review is whether, under Ohio law, it is the duty of a landlord who claims damages for breach of a lease by the tenant, to mitigate, if he can, the damages he has sustained.

This question touches two general rules of law and an exception to one of them. The first is the familiar rule that one, when injured by breach of a contract, is bound to minimize the resulting damage...

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