Skip to main content
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

981 chars
Where there has been a material breach of implied warranty, the tenant's damages are reasonably measured by the difference between the agreed rent and the fair rental value of the premises as they were during occupancy by the tenant in the unhealthful or unsafe condition. Kline v. Burns, supra, 276 A.2d l. c. 252 [5]; Pines v. Perssion, supra, 111 N.W.2d l. c. 413. After a tenant vacates, he is unaffected by the condition of the premises "and that factor loses relevance in the damage equation. For the balance of the term, (the) tenant has lost the benefit of his bargain, assuming he had an advantageous lease. He is therefore entitled to recover at that time for the value of the lease for the unexpired term, that is, the then difference between the fair rental value of the premises if they had been as warranted and the promised rent, computed for that period. 11 Williston on Contracts, § 1404, at p. 562 (3d ed. 1968)." Mease v. Fox, supra, 200 N.W.2d l. c. 797 [6, 7].