Austin Hill Country Realty v. Palisades Plaza
|Austin Hill Country Realty v. Palisades Plaza|
|Court||Supreme Court of Texas|
|Date decided||July 9, 1997|
Palisades Plaza, Inc. ("Palisades") owned an office complex in Texas.
Austin Hill Country Realty, Inc. ("Austin") operated a real estate business. Austin was run by 3 people.
Austin entered in a lease agreement with Palisades. Moreover, the 2 parties entered into a site improvement agreement.
The operators of Austin sent Palisades conflicting improvement plans.Palisades demand a single representative for Austin. Austin ignored the request.
Palisades becomes the plaintiff; Austin becomes the defendant.
Palisades sued Austin for anticipatory breach of the lease.Austin introduced evidence that Palisades failed to mitigate its damages. However, Palisades wins in the trial court.
The modern approach to impose a duty to mitigate losses:
- encourages the productive use of property
- discourages economic waste
- protects against property destruction
Case Text Links