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DEL E. WEBB RLTY. & MANAGEMENT v. WESSBECKER

No. 79CA0180.

628 P.2d 114 (1980)

DEL E. WEBB REALTY AND MANAGEMENT COMPANY OF COLORADO, as managing agent for PIC Realty Corporation, a Delaware Corporation, Plaintiff-Appellee and Cross-Appellant, v. Richard E. WESSBECKER, an individual, d/b/a the Clothing Broker, Inc., Defendant-Appellant and Cross-Appellee.

Colorado Court of Appeals, Div. II.

Rehearing Denied January 2, 1981.

Certiorari Denied April 27, 1981.

Attorney(s) appearing for the Case

Ralph B. Rhodes, Denver, for plaintiff-appellee and cross-appellant.

Allen J. Kincaid, Brush, for defendant-appellant and cross-appellee.

VAN CISE, Judge.

Plaintiff (the landlord) sued defendant (the tenant) for unpaid rent for the period from June 1, 1977 (the date the tenant abandoned the premises), to August 1, 1978 (the end of the term of the lease), and for its attorney's fees and costs. The tenant defended on the landlord's failure to mitigate damages. After a trial to the court, it found in favor of the landlord but also found that it had failed to mitigate its damages. Thus, it entered judgment...

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