Howard v. Bond, 2012 Ohio 254

Lease of 412 East 5th Street, Waverly, Ohio between Howard Companies, Inc. and Bond; April 1, 2010–Dec 31, 2010 term with option to buy; rent $1,017/month with $100 timely-payment discount to $917; timely April–May payments, underpayments of $750 in June–August; vacated August 31, 2010; suit filed for $4,866 total due for Sept–Dec; trial court awarded $4,196.
Damages calculation at trial: June–August underpayments totaling $501; September rent $1,017 and December rent $1,014 were disputed; trial court netted security deposit $400; final judgment $4,196.
Appellee claimed damages through November 2010; Appellant argued mitigation since new tenants were found around Oct 25–Nov 2010; dispute centered on whether November–December 2010 rent remained recoverable.
Appellate court reviewed damages determination for abuse of discretion; undisputed re-renting as of November 1, 2010 meant damages ceased accruing; trial court erred in including November and December rent.
Opinion reversed and remanded for further proceedings consistent with the holding; concurring opinion cites manifest weight standard for damages review.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether damages were properly calculated given mitigation.	Bond	Howard	Damages miscalculated; November–December rents should not be recovered after re-renting.

Dennis v. Morgan, 89 Ohio St.3d 417 (2000-Ohio-211) (landlord duty to mitigate damages in lease breach)
Frenchtown Square Partnership v. Lemstone, Inc., 99 Ohio St.3d 254 (2003-Ohio-3648) (mitigation may position injured party; avoidable consequences)
Roberts v. U.S. Fid. & Guar. Co., 75 Ohio St.3d 630 (1996) (affirms manifest weight standard for damages in breach of contract)
Gilbert v. Crosby, (Jan. 22, 2001) 4th Dist. No. 00CA020, 2001-Ohio-2864 (2001) (abuse of discretion standard cited for damages)
Blakemore v. Blakemore, 5 Ohio St.3d 217 (1983) (precedent on abuse of discretion; not directly on lease damages but cited)