Moser v. Cline, 214 S.W.3d 390 (2007)

Citation: Moser v. Cline, 214 S.W.3d 390 (2007)
Parent Document: Moser v. Cline, 214 S.W.3d 390 (2007)
Jurisdiction: Missouri (state)
Effective Date: 2007-02-20
Original Source: https://www.courtlistener.com/opinion/1404073/moser-v-cline/ ↗

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859 S.W.2d at 285, 286. Because the trial court found for the Clines in their breach of implied warranty of habitability claim and the Clines were prohibited from asserting the claim as a defense or counterclaim to the Mosers’ unlawful detainer claim, the trial court’s award of $200 in damages to the Mosers must have been for their rent and possession claim minus the damages incurred by the Clines for breach of warranty. Thus, although finding in favor of the Mosers on their unlawful detainer claim, the trial court did not award any damages to the Mosers for that claim. This was error.

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