REID V. MUTUAL OF OMAHA INSURANCE CO.
776 P.2d 896 (1989)
NATURE OF THE CASE: This was an appeal from a finding of breach of a lease by Mutual.
FACTS: Mutual and Reid, as landlord entered into a five-year lease for office space at
the rate of $1,100 per month. The term was to end in October 1985. Mutual took possession
and began conducting its insurance business. Soon afterward, another tenant, Intermountain
Marketing, moved in next door and used the space to train its large sales force. Mutual made
numerous complaints about the excessive noise, and occupation of all the parking spaces.
Mutual felt that Reid did not respond properly and gave notice and vacated the premises in
February 1982. Reid (P) filed suit for breach of lease. Mutual (D) defended on constructive
eviction. P then remodeled the entire premises and leased the former D space to
Intermountain. In November of 1982, Intermountain vacated and declared bankruptcy. The court
found against D for its counterclaim and awarded P damages. P got the entire lease amount
remaining less rents received from Intermountain and the cost of reletting and attorney
fees. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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