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STUBBS v. STUART

No. 500.

469 S.W.2d 311 (1971)

Jerry Q. STUBBS, Appellant, v. Robert C. STUART, Appellee.

Court of Civil Appeals of Texas, Houston (14th Dist.).

June 9, 1971.

Attorney(s) appearing for the Case

Gordon L. Ginn, Miller & Ginn, Houston, for appellant.

Jack L. Penman, Penman & Koelsch, Houston, for appellee.

SAM D. JOHNSON, Justice.

Robert C. Stuart, the plaintiff-lessor, brought this suit against Jerry Q. Stubbs, the defendant-lessee, to recover $750 in accrued monthly rental payments under a written lease agreement. The defendant admitted the execution of the lease agreement but defended the suit on the ground that plaintiff had not exercised reasonable diligence in attempting to relet the property in order to mitigate the damages. Trial was to the court without the...

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