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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Hurwitz v. Kohm, 594 S.W.2d 643 (1980)

Citation
Hurwitz v. Kohm, 594 S.W.2d 643 (1980)
Parent Document
Hurwitz v. Kohm, 594 S.W.2d 643 (1980)
Jurisdiction
Missouri (state)
Effective Date
1980-02-05

Full Text

1,097 chars
As of March 1972, appellant was current in his payments. On May 3, 1972, appellant indicated to respondents that he intended to vacate the premises on May 10 and asked if some arrangement could be made to terminate the lease. Appellant also submitted rent checks for April and May. Respondents, however, refused to accept the checks, and attached the property of defendant on the premises; appellant’s office equipment was thereafter kept under lock on the premises in question from May 5 on and appellant apparently sought no access to the building after that date. Respondents subsequently sued appellant for rent due, and in a summary judgment rendered on June 5, 1973, recovered for rent delinquent from April 1972 through June 30, 1973. The attachment of appellant’s property remained in effect. That litigation eventually reached this court, which held that the summary judgment entered by the trial court was proper inasmuch as there was no genuine issue as to any material fact and respondents were entitled to judgment as a matter of law. See Hurwitz v. Kohm, 516 S.W.2d 33 (Mo.App.1974).