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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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In summary, it is clear that Rhoden and Sears were not leasing a specific warehouse, and the land upon which the warehouse was constructed was acquired after execution of the lease and rider. It is equally clear that the parties were concerned with basic warehouse space in terms of a minimum of 6500 square feet and possible additional warehouse space “in or near” Columbia. The specific legal description of the “demised premises” was critical to the lease, and express language and an attached scale drawing were employed to accomplish the description. Warehouse space was to be “furnished” as opposed to “demised”; “additional warehouse space” was the only warehousing that “may be included in the demise” of the lease; and, as opposed to title, it was necessary only that Rhoden “furnish” the basic warehouse space.