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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

King v. Moorehead, 495 S.W.2d 65 (1973)

Citation
King v. Moorehead, 495 S.W.2d 65 (1973)
Parent Document
King v. Moorehead, 495 S.W.2d 65 (1973)
Jurisdiction
Missouri (state)
Effective Date
1973-04-02

Other Sections in This Document (163)

Full Text

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The circuit court determined that the defendant’s answer admitted occupancy of the premises without payment of the accrued rent for the period alleged in the complaint, and thus failed to state a legal defense to the plaintiff’s claim. The court ordered the first and second affirmative defenses stricken and entered judgment for plaintiff for $109 and his costs. The effect of the judgment of the circuit court that the allegations of illegality of lease and breach of an implied warranty of habitability were not sufficient as legal defenses to the plaintiff’s claim for rent was to concede the truth of the facts well pleaded by defendant. We test the propriety of the trial court’s judgment in the perspective of that concession. Higday v. Nickolaus, 469 S.W.2d 859, 864 [10] (Mo.App.1971).