HAND CUT STEAKS ACQUISITIONS, INC., AN ARKANSAS CORPORATION, APPELLANT AND CROSS-APPELLEE, v. LONE STAR STEAKHOUSE & SALOON OF NEBRASKA, INC., A NEBRASKA CORPORATION, APPELLEE AND CROSS-APPELLANT, AND LSF5 CACTUS, L.L.C., A DELAWARE LIMITED LIABILITY COMPANY, APPELLEE., 298 Neb. 705

Summary

HOLDINGS: [1]-A landlord did not accept a tenant's offer to terminate a commercial lease through abandonment because the landlord's conduct of selling the abandoned property after rejecting offers by prospective tenants was not inconsistent with seeking to mitigate damages and because the landlord expressly stated that it did not intend to terminate the lease; [2]-Damages did not run until the date of sale, but ran only until the date when the landlord and the buyer executed a letter of intent, because unreasonable delay occurred in completing the sale; [3]-Exercising specific personal jurisdiction over a guarantor pursuant to Nebraska's long-arm statute, Neb. Rev. Stat. § 25-536 (Reissue 2016), comported with due process under U.S. Const. amend. XIV because purposeful availment occurred when the guarantor induced the landlord to lease Nebraska property to a Nebraska business.