Szabo Associates, Inc. v. Peachtree-Piedmont Associates
Szabo Associates, Inc. v. Peachtree-Piedmont Associates
Opinion of the Court
Peachtree-Piedmont Associates, owner of Tower Place, entered into a lease with Peter F. Szabo, d/b/a Szabo Associates, Incorporated, through their realty broker — Ackerman and Company. The term of the lease was for five years, beginning July 1,1975, and extending through June 30,1980, for a monthly rental of $1,071.59. The lease was signed June 5, 1974, and on the following February 6, 1975, Szabo sent a letter to Ackerman acknowledging they would "be unable to become tenants” under the executed lease. Although the tender of the anticipatory breach occurred five months before the lease was to commence, plaintiffs stated they were unable to lease the demised premises until October 1, 1976 — 15 months after the effective date of the lease.
Suit was filed against Szabo personally and Szabo Associates, but plaintiffs petition alleged that the lease was with Szabo Associates, "entered into through its duly authorized agent Peter Szabo.” Defendant Szabo answered, admitting this was true. Both parties moved for summary judgment. Summary judgment was entered for plaintiff against Szabo Associates only, in the sum of $10,877.85, plus attorney fees, and costs. Szabo Associates appeal. Held:
1. Defendant alleges the court erred in determining the measure of damages to which plaintiff was entitled. We disagree. The trial court applied the rule set forth in Dehco, Inc. v. Greenberg, 105 Ga. App. 236, 238 (124 SE2d 311): "While generally a plaintiff must mitigate his damages when the defendant has breached a contract and while damages are generally a question for the jury, yet under the above quoted cases where a lessee has breached his lease contract the landlord is entitled to recover his past-due rents less only what he has received from any new tenant; and if the action seeks to recover in advance for the full term, the measure of damages is the difference between the stipulated rental and the rental value.”
Here the defendant repudiated the lease contract five months before the term was to begin. If such repudiation
Plaintiff established that the "net rental to the plaintiff less amortized extras was $1,040.00 per month.” Summary judgment in the amount of $10,877.85 was within the range of the evidence, and fully supported where defendant Szabo Associates admitted every paragraph of plaintiffs complaint except the total amount of damages and the complaint showed inception of the lease on July 1,1975, tender of anticipatory breach on February 6, 1975, monthly rental rate of $1,071.59, and judgment was entered 15 months after inception of the lease.
Construing the evidence most strongly against the movant, as we must on a motion for summary judgment there was sufficient evidence to show mitigation of damages by plaintiff, and the total amount of damages. Hershorin v. LaVista, Inc., 110 Ga. App. 435 (138 SE2d 703).
2. The remaining assignments of error have been examined and found to be without merit.
Judgment affirmed.
Reference
- Full Case Name
- SZABO ASSOCIATES, INC. v. PEACHTREE-PIEDMONT ASSOCIATES
- Cited By
- 16 cases
- Status
- Published