Michael Mcpherson v. State Indiana

This appeal is brought from a Ten Thousand Seven Hundred Twelve Dollar and Thirty-seven Cent ($10,712.37) judgment recovered by the Lake County Trust Company (Trust Company) against Grueninger Travel Service of Fort Wayne, Indiana, Inc., an Indiana corporation, d/b/a "Grueninger Travel Service," James A. Reiffert, and Susan E. Reiffert, (hereinafter collectively referred to as Grueninger), on a complaint for breach of lease. Grueninger asserts this judgment was contrary to law because: (1) the lease terminated when Grueningers surrender of the premises was accepted; (2) the landlord failed to mitigate damages, and (3) it was erroneous for the trial court to hold Grueningers liability continued after a successor tenant assumed possession. Grueninger also contends there was insufficient evidence to hold it liable under the lease through March 8, 1979, and argues the damages awarded by the court were excessive and not within the scope of the evidence.[Footnote 1]