REID v. MUTUAL OF OMAHA INS. CO.

No. 19678.

776 P.2d 896 (1989)

Mervin R. REID and Ethna R. Reid, Plaintiffs and Appellees, v. MUTUAL OF OMAHA INSURANCE COMPANY and United Benefit Life Insurance Company, Defendants and Appellants.

Supreme Court of Utah.

Rehearing Denied July 11, 1989.


Attorney(s) appearing for the Case

Jack L. Schoenhals, Salt Lake City, for defendants and appellants.

Reid Tateoka, Salt Lake City, for plaintiffs and appellees.


ZIMMERMAN, Justice:

Mutual of Omaha ("Mutual") appeals from a judgment in a nonjury trial finding it liable to Mervin and Ethna Reid ("the Reids") for breach of a lease for office space. Mutual contends that the trial court erred in rejecting its claim that the Reids had constructively evicted Mutual and that it also erred in calculating the damages due the Reids. We affirm the judgment of liability for breach of the lease but reverse in part on the determination...

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