Gayle Fischer v. Michael and Noel Heymann
2013 Ind. App. LEXIS 274
| Ind. Ct. App. | 2013Background
- Heymanns breached the purchase agreement as of February 10, 2006 by demanding minor electrical repairs as a condition to closing.
- Fischer learned of the breach on February 11, 2006 and had an opportunity to mitigate by February 18, 2006.
- Fischer did not respond to the February 15–18 repair demands, allegedly exceeding a reasonable mitigation window.
- The trial court found damages of $93,972.18 to Fischer and later addressed mitigation timing and attorney’s fees.
- On appeal, the court held Fischer had a duty to mitigate by February 18, 2006, found $117 as the mitigated damages, and remanded for fees and costs commensurate with recovery.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Duty to mitigate by Feb. 18, 2006 | Fischer mitigated or could not be held liable for more damages. | Fischer failed to mitigate by Feb. 18, 2006. | Fischer failed to mitigate by Feb. 18, 2006. |
| Impact of mitigation on damages and fees | All damages and fees should be awarded despite mitigation timing. | Damages and fees should be limited commensurate with mitigation failure. | Damages limited to $117 and fees/costs adjusted accordingly on remand. |
Key Cases Cited
- Four Seasons Mfg., Inc. v. 1001 Coliseum, LLC, 870 N.E.2d 494 (Ind. Ct. App. 2007) (mitigation duty and damages reduction for failure to mitigate)
- Page Two, Inc. v. P.C. Mgmt., Inc., 517 N.E.2d 103 (Ind. Ct. App. 1987) (anticipatory breach and damages framework)
- Indiana Life Endowment Co. v. Canithan, 109 N.E. 851 (Ind. App. 1915) (early anticipatory breach principles)
- Delgado v. Boyles, 922 N.E.2d 1267 (Ind. Ct. App. 2010) (American Rule and discretionary attorney’s fees authority)
- Gates v. Houston, 897 N.E.2d 532 (Ind. Ct. App. 2008) (appellate review of factual support for mitigation findings)