Lovett v. Anderson, No. 89-CA-0900
| Court | United States State Supreme Court of Mississippi |
| Writing for the Court | Before ROY NOBLE LEE; PITTMAN; ROY NOBLE LEE |
| Citation | 573 So.2d 758 |
| Docket Number | No. 89-CA-0900 |
| Decision Date | 19 December 1990 |
| Parties | Arthur K. LOVETT, Jr. v. John R. ANDERSON. |
Page 758
v.
John R. ANDERSON.
Rehearing Denied Jan. 23, 1991.
Page 759
David K. McGowan, Jackson, for appellant.
Thomas T. Buchanan, Laurel, for appellee.
Before ROY NOBLE LEE, C.J., and ANDERSON and PITTMAN, JJ.
PITTMAN, Justice, for the Court:
John Anderson brought suit in Forrest County Circuit Court to collect under the terms of a lease that had been breached by Arthur Lovett, Jr. The cause was heard on a Motion and Cross-Motion for Summary Judgment resulting in a judgment in favor of John Anderson. Finding error in the grant of summary judgment, we reverse.
I.
Lessor, John Anderson, and lessee, Arthur Lovett, Jr., executed a twelve (12) month lease on January 30, 1986, for the business property located at 108 Market Street, Hattiesburg, Mississippi. Under the terms of the lease, the lessee was to pay Three Thousand Dollars ($3,000.00) per month for the use of the leased premises with the option to renew the lease for more than one (1) year. Also, under the lease's terms, attorney's fees were recoverable by the prevailing party in the event of any litigation resulting from the lease contract.
In derogation of the lease's terms, Arthur Lovett, Jr., abandoned the subject property and failed to pay the prescribed rent when due. As a result, John Anderson filed suit in the Circuit Court of Forrest County seeking more than Forty One Thousand Dollars ($41,000.00) for appellant's breach. Mr. Anderson's complaint sought rent and penalties together with interest and all costs of court. To the above complaint, Arthur Lovett, Jr., filed an answer alleging that the amount claimed by appellee was not due in fact or law. He maintained that appellee had not mitigated damages by failing to re-lease the property and further that appellant Lovett was entitled to a set-off for improvements to the property in the amount of Eighteen Thousand Dollars ($18,000.00).
On February 3, 1988, appellee Anderson filed a Motion for Partial Summary Judgment with the lower court. This motion alleged that no issues of material fact existed in this matter and was accompanied by the affidavit of Mr. John Anderson.
After an extension of time, Arthur Lovett, Jr., answered appellee's Motion for Summary Judgment on May 17, 1988. This answer contained a Cross-Motion for Summary Judgment alleging that appellee Anderson had failed to mitigate his damages in this matter and further that appellant was entitled to a set-off for the sale of equipment purchased for the leased premises.
On August 2, 1988, appellee Anderson filed his answer to appellant's Cross-Motion for Summary Judgment. This answer
Page 760
denied the allegations contained in appellant's motion and was accompanied by the affidavit of Mr. Donald Reynolds. This affidavit enumerated the efforts that appellee Anderson had taken in attempting to find another lessee for the subject property.On June 14, 1989, the...
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Sperry-New Holland, a Div. of Sperry Corp. v. Prestage, SPERRY-NEW
...should be denied. Id. at 362. See also Pace v. Financial Security Life of Miss., 608 So.2d 1135, 1138 (Miss.1992); Lovett v. Anderson, 573 So.2d 758, 760 (Miss.1990); Pearl River Cty. Bd. v. South East Collections, 459 So.2d 783, 784-785 (Miss.1984); Pittman v. Home Indem. Co., 411 So.2d 87......
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Nationwide Mut. Ins. Co. v. Garriga, No. 90-CA-0493
...608 So.2d at 1138 (quoting Brown v. Credit Center, Inc., 444 So.2d 358, 362 (Miss.1983)) (emphasis added). See also, Lovett v. Anderson, 573 So.2d 758, 760 We start with the basic principles involved in analyzing contracts between individuals and insurance companies. This state's law recogn......
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Adcock v. Mississippi Transp. Com'n, No. 2007-CA-00078-SCT.
...Howell held that to establish a prima facie case, the Highway Commission was required to base the valuation on comparable sales. Howell, 573 So.2d at 758. Likewise, MTC was required to base its valuation on comparable sales of properties similar to the Adcocks' property. Here, MTC based its......
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Churchill v. Pearl River Basin Development Dist., No. 07-CA-59194
...denied. Id. at 1138, quoting Brown v. Credit Center, Inc., 444 So.2d 358, 362 (Miss.1983) (emphasis added); See also, Lovett v. Anderson, 573 So.2d 758, 760 (Miss.1990); Pearl River County Board v. South East Collections, 459 So.2d 783, 785 CHURCHILL'S BREACH OF IMPLIED CONTRACT CLAIM In hi......
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Sperry-New Holland, a Div. of Sperry Corp. v. Prestage, SPERRY-NEW
...should be denied. Id. at 362. See also Pace v. Financial Security Life of Miss., 608 So.2d 1135, 1138 (Miss.1992); Lovett v. Anderson, 573 So.2d 758, 760 (Miss.1990); Pearl River Cty. Bd. v. South East Collections, 459 So.2d 783, 784-785 (Miss.1984); Pittman v. Home Indem. Co., 411 So.2d 87......
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Nationwide Mut. Ins. Co. v. Garriga, No. 90-CA-0493
...608 So.2d at 1138 (quoting Brown v. Credit Center, Inc., 444 So.2d 358, 362 (Miss.1983)) (emphasis added). See also, Lovett v. Anderson, 573 So.2d 758, 760 We start with the basic principles involved in analyzing contracts between individuals and insurance companies. This state's law recogn......
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Adcock v. Mississippi Transp. Com'n, No. 2007-CA-00078-SCT.
...Howell held that to establish a prima facie case, the Highway Commission was required to base the valuation on comparable sales. Howell, 573 So.2d at 758. Likewise, MTC was required to base its valuation on comparable sales of properties similar to the Adcocks' property. Here, MTC based its......
-
Churchill v. Pearl River Basin Development Dist., No. 07-CA-59194
...denied. Id. at 1138, quoting Brown v. Credit Center, Inc., 444 So.2d 358, 362 (Miss.1983) (emphasis added); See also, Lovett v. Anderson, 573 So.2d 758, 760 (Miss.1990); Pearl River County Board v. South East Collections, 459 So.2d 783, 785 CHURCHILL'S BREACH OF IMPLIED CONTRACT CLAIM In hi......