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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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*79The tenant-appellant does not seek re-coupment of her performance under the illegal lease, nor any other affirmative relief, but only to defeat the landlord’s claim for rent due and unpaid under the lease. We need not determine, therefore, whether the tenant was in pari delicto and if so whether considerations of public policy or equity require that relief be granted as against the illegal contract. Gardine v. Cottey, 360 Mo. 681, 230 S.W.2d 731, 740 [13] (banc 1950) ; Twiehaus v. Rosner, supra, 245 S.W.2d 1. c. 112, 114 [10].