INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

§ 15B

Citation
§ 15B
Parent Document
Karaa v. Kuk Yim, 86 Mass. App. Ct. 714 (2014)
Jurisdiction
Massachusetts (state)
Effective Date
2014-12-05
Original Source
https://www.courtlistener.com/opinion/2757954/karaa-v-kuk-yim/ ↗

Other Sections in This Document (303)

Full Text

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       In Woodbury v. Sparrell Print, the Supreme Judicial Court
held that, in a claim for unpaid rent after termination of a
tenancy, the burden falls upon the landlord to show a reasonable
attempt to mitigate damages: "When therefore the answer sets up
neglect of the plaintiffs it must be considered not as a defence
in the way of confession and avoidance, but as a denial of the
existence of one of the essential elements of the case of the
plaintiffs, namely, due diligence as to reletting. The burden
of showing due diligence was upon the plaintiffs." 198 Mass. 1,
10 (1908). However, more than eighty years later in Atkinson v.
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