Meyer v. Evans

Utah Supreme Court
Meyer v. Evans, 395 P.2d 726 (Utah 1964)
16 Utah 2d 56; 1964 Utah LEXIS 305
Henriod, McDonough, Callister, Crockett, Wade

Meyer v. Evans

Opinion

HENRIOD, Chief Justice.

Appeal from a judgment for plaintiffs in .a case where, under a written leasehold, plaintiffs assert a claim for unpaid rentals, .and defendants say they were forgiven by plaintiffs’ taking possession after defendants’ abandonment of the property. Affirmed with costs to plaintiffs.

The defendants, after signing a lease, left the property several months before the lease term. The evidence indicates that this was done without knowledge of the lessors, who upon becoming acquainted with this fact, without being able to get the key from ■defendants, took possession, changed locks •on the back door, but not the front door, of the premises, advertised for re-lease or sale .and, in our opinion, did about everything .a landlord could have done to preserve the property and mitigate any damages.

The trial court gave judgment for unpaid ■rentals, and we concur with him under the facts of this case.

McDONOUGH, CALLISTER, CROCKETT and WADE, JJ., concur.

Reference

Full Case Name
Harry G. MEYER and Iris G. Meyer, Plaintiffs and Respondents, v. David M. EVANS and Richard David Nelson, Defendants and Appellants
Cited By
5 cases
Status
Published