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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

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Appellant Sears contends (II) that Rhoden failed to provide off-street unloading facilities, thus making it impossible for trucks delivering to Sears to use the warehouse in question without violating the ordinances of Columbia; that plaintiff thus breached paragraphs Second and Fifteenth of the lease and justified abandonment of the warehouse by Sears and its deduction of outside rentals and expenses. Relatedly, Sears contends (III) that Rhoden’s execution of the 10-foot building setback covenant July 13, 1964, was a breach of paragraph Fifteen of the lease, and this, together with the city ordinance, constituted violations and breaches of paragraph E of the rider, thus justifying abandonment of the warehouse by Sears and its deduction of expenses and outside rentals.