you find … that there was no oral agreement to reduce a portion of the rent or that the rent is not a valid contract, then you must find that Dr. Kennerly’s rent obligation was not reduced.” D-2.
10. As to the paragraphs of P-11, Kennerly agreed to the interrogatories:
As to ¶ 1 Court: … P-11. You all are stipulating that Biloxi HMA and Dr. Kennerly entered into a lease contract for the lease of the medical office building; correct?
Mr. Barber: Yes.
Court: Yes? So I can just check yes on that because you’re stipulation yes?
…
Mr. Kirkland: Yes.
Court: Okay. I just want the record to be clear. So as we discussed this – and as I read it to the jury I will say that has been stipulated to, and that question if this is the instruction …show more content…
Barber: None. (Exh. B, pg 39)
As to ¶ 5 Mr. Barber: None. (Exh. B, pg 39)
As to ¶ 6 (stating: “What are Biloxi HMA’s damages as a result of William Kennerly’s breach of the lease contract?”)
Mr. Barber: None. (Exh. B, pg 39) As to ¶ 7 Mr. Barber: … I think we agreed that it did expire. (Exh. B, pg 39)
As to ¶ 8 Mr. Barber: That’s fine. (Exh. B, pg 40)
As to ¶ 9 Mr. Barber: Yes, I would accept that. (Exh. B, pg 40)
As to ¶ 10 Mr. Barber: I’ll accept that one. (Exh. B, pg 40)
As to ¶11 Mr. Barber: I’ll accept that one. (Exh. B, pg 40)
As to ¶ 12 (stating: “What are Biloxi HMA’s damages as a result of William Kennerly’s unjust enrichment?”)
Mr. Barber: I’ll accept that one. (Exh. B, pg 41)
Returning to ¶ 2
Court: … so here’s what I’m going to do. Did Biloxi HMA perform its responsibility under the contract by make – I will strike medical office building, and I will put -- - I know this is over y’all’s objection I suppose or y’all accept it because I am going to just strike it so I won’t see it twice … by making space available to William Kennerly, M.D. for use as a medical office, and I should say suite, but medical office period; is that acceptable?
Mr. Kirkland: It is with us,
10. As to the paragraphs of P-11, Kennerly agreed to the interrogatories:
As to ¶ 1 Court: … P-11. You all are stipulating that Biloxi HMA and Dr. Kennerly entered into a lease contract for the lease of the medical office building; correct?
Mr. Barber: Yes.
Court: Yes? So I can just check yes on that because you’re stipulation yes?
…
Mr. Kirkland: Yes.
Court: Okay. I just want the record to be clear. So as we discussed this – and as I read it to the jury I will say that has been stipulated to, and that question if this is the instruction …show more content…
Barber: None. (Exh. B, pg 39)
As to ¶ 5 Mr. Barber: None. (Exh. B, pg 39)
As to ¶ 6 (stating: “What are Biloxi HMA’s damages as a result of William Kennerly’s breach of the lease contract?”)
Mr. Barber: None. (Exh. B, pg 39) As to ¶ 7 Mr. Barber: … I think we agreed that it did expire. (Exh. B, pg 39)
As to ¶ 8 Mr. Barber: That’s fine. (Exh. B, pg 40)
As to ¶ 9 Mr. Barber: Yes, I would accept that. (Exh. B, pg 40)
As to ¶ 10 Mr. Barber: I’ll accept that one. (Exh. B, pg 40)
As to ¶11 Mr. Barber: I’ll accept that one. (Exh. B, pg 40)
As to ¶ 12 (stating: “What are Biloxi HMA’s damages as a result of William Kennerly’s unjust enrichment?”)
Mr. Barber: I’ll accept that one. (Exh. B, pg 41)
Returning to ¶ 2
Court: … so here’s what I’m going to do. Did Biloxi HMA perform its responsibility under the contract by make – I will strike medical office building, and I will put -- - I know this is over y’all’s objection I suppose or y’all accept it because I am going to just strike it so I won’t see it twice … by making space available to William Kennerly, M.D. for use as a medical office, and I should say suite, but medical office period; is that acceptable?
Mr. Kirkland: It is with us,