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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

S.L. Motel Enterprises, Inc. v. East Ocean, Inc., 751 S.W.2d 114 (1988)

Citation
S.L. Motel Enterprises, Inc. v. East Ocean, Inc., 751 S.W.2d 114 (1988)
Parent Document
S.L. Motel Enterprises, Inc. v. East Ocean, Inc., 751 S.W.2d 114 (1988)
Jurisdiction
Missouri (state)
Effective Date
1988-05-10

Other Sections in This Document (50)

Full Text

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In their first point on appeal, appellants contend that the trial court erred in granting summary judgment because the record indicates that there were material issues of fact in that respondent failed to demonstrate that it terminated the lease and was entitled to possession of the premises. Appellants assert two sub-points: (1) the trial court considered evidence that was hearsay, and therefore not properly before the court for purposes of a summary judgment motion; and, (2) the lease was not breached and, therefore, could not be terminated because (a) appellants had prepaid rent through their mistaken rent payments and (b) appellants were in the process of obtaining higher insurance coverage.