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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

794 chars
The rule that the tenant must make repairs was probably fair when applied in an agrarian economy where the materials for repairs were simple and at hand, and the tenant capable of making them himself. At least as concerns the actual making of repairs, the rule seems archaic and completely out of harmony with the facts when applied in a complicated society to urban dwellings occupied by persons on salary or weekly wage. Common experience indicates that the tenant in such cases seldom makes or is expected to make repairs even of the minor type covered by the common law duty * * * It would seem that the lessor is in the better position, from the viewpoint of economic situation and interest, to make repairs, and that the tenant ought to have no duty in the absence of a specific covenant.