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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Kilbourne v. Forester, 464 S.W.2d 770 (1970)

Citation
Kilbourne v. Forester, 464 S.W.2d 770 (1970)
Parent Document
Kilbourne v. Forester, 464 S.W.2d 770 (1970)
Jurisdiction
Missouri (state)
Effective Date
1970-12-07

Other Sections in This Document (50)

Full Text

739 chars
. The stipulated facts, quite properly, are confined to the one issue raised by Count II of the counterclaim: the right to possession of the respective parties under the lease. It was also the single issue tried by the court. There is no contention that the agreement of June 25, 1966, was not actually, and at the least, a lease for one year. There would seem to have been no apparent purpose in respondents’ return of the tendered rental payments during the year. These refusals are undoubtedly explained by Count I of the counterclaim, pleaded but not tried, which seeks possession of the alternative theory that appellant has wilfully and unlawfully withheld possession since September 1, 1966. Count I does not plead a lease at all. 2