HANOVER LOGANSPORT, INC. V. ROBERT C. ANDERSON, INC.
512 N.E. 2d 465 (1987)
NATURE OF THE CASE: This was an appeal from the denial of a motion to dismiss a consent decree for specific performance in a contract action for recovery of damages.
FACTS: Robert C. Anderson, Inc. (P) leased premises from Hanover Logansport, Inc. (D). D failed to surrender the premises on the day of the lease. P sued for breach asking for lost profits or in the alternative specific performance. Before trial, D signed a consent decree of specific performance to give up the premises. P accepted the offer only as mitigation of the damages and P believed that the decree still maintained his cause of action for retrospective damages. The parties filed a stipulation of their settlement and recorded it in the judgment record book. D moved to dismiss the litigation; the decree barred further litigation. The trial court denied D's motion. D appealed; the settlement barred any further litigation by P. P contends that the recorded judgment only partially settled the suit and P was essentially forced to take the offer as mitigation of his damages but not for damages arising from the breach.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
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