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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Jamerson v. Boone, 554 S.W.3d 899 (2018)

Citation
Jamerson v. Boone, 554 S.W.3d 899 (2018)
Parent Document
Jamerson v. Boone, 554 S.W.3d 899 (2018)
Jurisdiction
Missouri (state)
Effective Date
2018-07-17

Full Text

617 chars
In his first two points on appeal, Tenant claims the court erroneously declared and misapplied the law by requiring Tenant to show he escrowed the rent in order to prevail on his affirmative defense and counterclaim for breach of the implied warranty of habitability. In his fourth point, Tenant contends the judgment was against the weight of the evidence because he proved all the required elements of this defense and counterclaim. The Supreme Court's recent discussion on this issue in Kohner Properties, Inc. v. Johnson, 553 S.W.3d 280, 282, 2018 WL 3235686, *2 (Mo. banc July 3, 2018), dictates our result here.