seeking damages occasioned by the fault of another must take all reasonable steps to lessen his or her resultant loss.”). But the claimant need not do so until the defendant refuses to perform its part of the contract. Coos Lumber, 104 N.H. at 408. Put another way, “[t]here is no obligation on a promisee to minimize his damages until he actually knows that he is suffering damages because of a breach of contract by the promisor.” Citizens Nat. Bank v. Hermsdorf 96 N.H. 389, 394 (1951). Instead, the promisee “may assume that the promisor will keep his contractual promise.” Id. Further, “[t]he defendants bear the burden of proving that the plaintiffs failed to mitigate damages.” Grenier, 150 N.H. at 119; see also Parem Contracting Corp. v. Welch Const. Co., Inc., 128 N.H. 254, 259 (1986) (<HOLDING>). The defendants’ first mitigation argument
holding there was sufficient evidence for a jury to conclude that the defendant did not intend to perform when the promise was made holding that upon remand if the trial court determined that the testimony in a newly discovered evidence claim was reliable the trial court must review that new evidence as well as brady claims that were previously rejected in a prior postconviction motion because the evidence was equally accessible to the defense and there was no reasonable probability that the result of the trial would have been different had the evidence been disclosed holding that vcu was not required to bear the burden of presenting evidence that the plaintiff was not a domiciliary of virginia holding that trial court was not permitted to conclude that damages could have been avoided absent evidence to that effect and that defendant bore burden of presenting that evidence holding that without transcript of trial proceedings appellate court cannot review underlying evidence so as to conclude that trial courts judgment is not supported by evidence