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Civil Procedure Keyed to Friedenthal
Hanover Logansport, Inc. v. Robert C. Anderson, Inc
Facts
The Plaintiff and the Defendant entered into a lease agreement where the Plaintiff leased a property for the Defendant to use as a liquor store. The Plaintiff failed to provide the premises on the agreed date and the Defendant sued for breach of contract. Before the trial date, however, the Plaintiff offered to deliver the premises and the Defendant agreed to take it with the reservation that he accepted the premises for purposes of mitigation and not in settlement of damages. The parties filed the stipulation as agreed upon in the court and the Defendant took the premises. After a few months the Plaintiff moved to dismiss the present action and the court denied it. The Plaintiff appealed on the grounds that the prior judgment recorded precluded any further litigation based on the same cause of action.
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