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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Yaffe v. American Fixture, Inc., 345 S.W.2d 195 (1961)

Citation
Yaffe v. American Fixture, Inc., 345 S.W.2d 195 (1961)
Parent Document
Yaffe v. American Fixture, Inc., 345 S.W.2d 195 (1961)
Jurisdiction
Missouri (state)
Effective Date
1961-04-10

Full Text

1,035 chars
July, defendant made a contract for another warehouse (outside the Mill Creek area) knowing it would have to move after its lease ended March 31, 1958. On July 29th, defendant wrote plaintiff asking for an agreement (based on a claimed oral understanding) that the lease be terminated as of July 31, 1957, and that defendant occupy the premises as a month to month tenant. When this proposition was not accepted, defendant made arrangements for obtaining earlier possession of the warehouse it had purchased and gave plaintiff written notice of the termination of the lease as of September 30th. Defendant started to vacate the premises on September 1st and completed its vacation a day or two before September 30th. We certainly cannot hold as a matter of law that defendant lost its right to 'terminate the lease because of a constructive eviction, because, after this notice was given and after defendant had made arrangements to move, plaintiff ordered repairs commenced and did restore the walls and the roof before defendant *199