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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Rhoden Investment Co., Inc. v. Sears, Roebuck & Co., 499 S.W.2d 375 (1973)

Citation
Rhoden Investment Co., Inc. v. Sears, Roebuck & Co., 499 S.W.2d 375 (1973)
Parent Document
Rhoden Investment Co., Inc. v. Sears, Roebuck & Co., 499 S.W.2d 375 (1973)
Jurisdiction
Missouri (state)
Effective Date
1973-09-10

Other Sections in This Document (82)

Full Text

437 chars
“The more difficult question is the determination of the critical date to test usability. The Court concludes that the test must be applied as of the period when the lease was executed, the warehouse was designed and built (with active participation by Sears), and the structure accepted by Sears for its purpose. In light of what then existed or could have reasonably been foreseen, Rhoden furnished the required usable warehouse space.