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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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As previously demonstrated in resolution of appellant’s “prior” Points I, II, and III, there was no breach of the lease by Rhoden as alleged by Sears; hence, there was no constructive eviction on those accounts. Appellant’s cases on constructive eviction under Point IV are premised on wrongful acts of the landlord or breach of the lease by the landlord, and since those matters are absent from this record, discussion of the cases would be academic. Also absent the breaches as alleged, plaintiff incurred no liability for damages on account of the breach.