concurring specially.
I concur in the result reached by the majority opinion. But, under the facts of this case, wherein the contract between the parties in effect specified that Mid-Am was to be responsible for the HVAC system, it is not necessary to determine whether or not we should extend the implied warranty of habitability or fitness to commercial property. I would leave that issue for another day and another set of facts wherein the responsibility of the lessee is not delineated by special provision in the contract such as it is here.
Additionally, my concurrence in the af-firmance of the award of $15,000 “for loss of enjoyment of ownership and loss of potential market value of its property” is a reluctant one. I agree with the majority that the difficulty in proving the amount of damages should not prevent an award of damages. My concern is with the issue of causation. Mid-Am continued to make a portion of the payment and it appears to me that the determination by B.W.S. to forego making the mortgage payments and thus to open the door for foreclosure, resulting in its loss of the property, may have been one of choice rather than necessity. Despite my misgivings, I defer to the trial court’s findings and conclusions because I am not convinced that a mistake has been made.