Poboisk v. Colon
Can I rely on this case?
Citation treatment has not been reviewed for this case. The notes below come from the citation graph and the Minnesota Revisor's amendment records, not from a review of how later courts treated this decision.
(as of 9/30/2026)
Last cited by a Minnesota appellate court in 1973, among the opinions in this site’s citation index.
Not a substitute for Shepard’s or KeyCite — verify before relying.
See our Terms of Use before relying on these notes. Report an error
Cases that cite this one
1 later published case cites this decision.
- Control Data Corporation v. Metro Office Parks Co. (Minn. 1973)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Appeal by defendant William E. DeWolf from a judgment in an action by plaintiff for rent due under a written lease. Plaintiff’s motions to strike the allegation in defendant DeWolf’s answer that plaintiff failed to mitigate damages, and for summary judgment against defendants DeWolf and Vernon R. Colon, were granted. During the pendency of the appeal, defendant Colon satisfied the judgment, and only DeWolf has filed a brief requesting us to determine whether, and under what circumstances, a landlord has a duty to procure a new tenant for the purpose of mitigating the damages recoverable from the tenant who abandons the premises before the expiration of the term specified in the lease.
We regard the appeal as a request for an advisory answer to a hypothetical question since our examination of the entire district court file in this case clearly indicates that the trial court, upon the pleadings and answers to interrogatories submitted by plaintiff, was compelled to grant the summary judgment entered upon the ground that there was no genuine issue as to any material fact supporting any factual basis, such as plaintiff’s acceptance of a surrender of the premises by reentry, that would have supported any duty or requirement on the part of plaintiff to mitigate damages. See, Gruman v. Investors Diversified Services, Inc. 247 Minn. 502, 78 N. W. 2d 377 (1956); Haycock v. Johnston, 97 Minn. 289, 106 N. W. 304 (1906); Id. 81 Minn. 49, 83 N. W. 494, 1118 (1900); Annotation, 21 A. L. R. 3d 534, 539; 49 Am. Jur. 2d, Landlord and Tenant, §§ 620, 621; 3 Tiffany, Law of Real Property (3 ed.) § 902; 52 C. J. S., Landlord and Tenant, § 498.
Affirmed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.