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MAR-SON, INC. v. TERWAHO ENTERPRISES, INC.

Civ. No. 9337.

259 N.W.2d 289 (1977)

MAR-SON, INC., a North Dakota Corporation, Plaintiff and Appellant, v. TERWAHO ENTERPRISES, INC., a North Dakota Corporation, Defendant and Appellee.

Supreme Court of North Dakota.

October 26, 1977.

Attorney(s) appearing for the Case

Pringle & Herigstad, Minot, for plaintiff and appellant; argued by Jan M. Sebby, Minot.

Anderson, Tossett & Berning, Minot, for defendant and appellee; argued by Collin P. Dobrovolny, Minot.

PEDERSON, Justice.

This is an appeal by MAR-SON, Inc., from a judgment entered by the district court of Ward County after a trial without a jury. The court below found that MAR-SON, a landlord, was entitled to judgment against its former tenant, Terwaho, for accrued rent, but limited the amount of the judgment when it found that MAR-SON lacked good faith in attempting to mitigate damages. The judgment is affirmed.

In July, 1973 MAR-SON and Terwaho entered...

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