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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

749 chars
It is clear then that the doctrine of constructive eviction is applicable only when a lessee’s beneficial enjoyment of the premises is interrupted by a lessor’s “wrongful conduct.” In this case it has been established as a matter of law that appellant defaulted on the lease. The lease itself provides that respondents could thereupon resume possession of the premises and relet. Respondents’ conduct of which appellant complains was clearly performed pursuant to that provision and was clearly justified by the terms of the lease and common law principles. The doctrine of constructive eviction has no applicability to the instant case, and the point is accordingly ruled against appellant. The judgment is affirmed. WEIER and KELLY, JJ., concur. 1