A. K. Polis v. A. B. Alford

POPE, Justice. This suit concerns the application of the rule of minimizing damages sustained by the breach of a contract. A. B. Alford sued and obtained a judgment for $670 against his landlord, A. K. Polis. The suit asserted the breach of a written farm lease executed on January 14, 1952. The lease provided that Alford should plant cotton on the property in question. The portion of the contract which was breached provided: ""Lessor agrees to pay flat rate and bond taxes which may be assessed against said real estate."" Because the lessor failed to comply with the quoted clause in the contract, Alford alleged that he was unable to obtain irrigation water and suffered a crop failure. Polis admits the breach but insists that Alford should have mitigated the loss by paying the flat rate himself, a sum of $18.75. He admits that he owes Alford $18.75, but insists that his liability should not exceed that amount. The question presented by the appeal is whether Alford's damages should have been limited to the sum of $18.75.