Skip to main content
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

908 chars
could not use. However, defendant needed the entire premises and the lease required plaintiff to restore the whole building promptly for its use. We think'the parties contemplated by this lease that, in casé of damage to the premises, plaintiff would lose the rent for the part rendered unusable; but it also must have been recognized that, since defendant required the entire building for the efficient operation of its business, it could suffer a business loss by being deprived of it. The purpose of the agreement to promptly repair was to prevent such loss; and defendant would be entitled to recover for such a loss “without regard for the rental value of the leased premises.” Under the circumstances of this case and the provisions of this lease, we hold there would be no double recovery if defendant obtains judgment for proven loss of profits caused by plaintiff’s breach of his covenant to repair.