Landlord and Tenant — breach of lease — increased rental costs — mitigation of damages — jury question
The decision of the Court of Appeals in this action by plaintiff lessee to recover damages for defendant lessor's breach of a notification of sale and right of first refusal provision of a lease is reversed for the reasons stated in the dissenting opinion in the Court of Appeals that the trial court erred in granting a directed verdict in favor of plaintiff for $159,600 in damages for increased rental costs because the jury was entitled to determine whether plaintiff exercised reasonable diligence to mitigate its damages for increased rental payments, and that this issue was properly preserved for appellate review.
PER CURIAM.
The decision of the Court of Appeals is reversed for the reasons stated in the dissenting opinion of Judge Tyson.
REVERSED.