Section 512

Citation: Section 512
Parent Document: K.O. Real Estate, LLC v. O'Toole, 291 S.W.3d 780 (2009)
Jurisdiction: Missouri (state)
Effective Date: 2009-06-23
Original Source: https://www.courtlistener.com/opinion/1652656/ko-real-estate-llc-v-otoole/ ↗

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Defendant claims that Section 432.050 and case law require that a lease not signed by either the owner or an agent of the owner authorized in writing, must be given only the force and effect of an estate at will. Notably, Defendant does not allege that the lease between it and K.O. was not in writing, or that K.O. seeks to enforce any terms that were not in writing. The record reveals that Defendant acknowledges the written lease and its terms. Further, Defendant does not allege that the lease is not signed by the parties who made the lease as required under Section 432.050. The record reveals that Defendant made the lease with K.O., who was identified as the lessor in the lease. Defendant’s argument precariously hangs upon his contention that the lease is an estate at will because there is no evidence of a written agreement authorizing K.O. to act as an agent for the property owner. This point fails because the record before us provides substantial evidence from which the trial court found that K.O. was the agent for the owner of the Subject Property. Accordingly, we find Defendant’s argument to be without merit.

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