the locks on it one time. “Q. Did you have any—so you never collected any rent for approximately a year after you purchased it? “A. Probably about a year at least, if not more. “Q. Since then, you have been renting it out. How much have you been renting it out per month? “A. I have only rented it for probably about six months. The people moved out. A little bit longer than six months. Then it was just a monthly—$300 a month. “Q. Three hundred dollars a month? “A. Yes. “Q. So is that pretty much the standard units— “A. No, it probably would go for more. It was a two-bedroom....” West Wind preserved for our consideration the affirmative defense of failure to mitigate damages by pleading it in its answer. See Prudential Ballard Realty Co. v. Weatherly, 792 So.2d 1045, 1048 (Ala. 2000) (<HOLDING>); and Liberty Nat’l Life Ins. Co. v. University
recognizing that mitigation of damages is an affirmative defense a party must plead and prove holding that a claim of exemption is an affirmative defense which must be specifically pleaded holding that fair use is an affirmative defense holding that mitigation of damages is an affirmative defense that must be pleaded holding affirmative defense of mitigation did not preclude class certification