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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Northwest Plaza, L.L.C. v. Michael-Glen, Inc., 102 S.W.3d 552 (2003)

Citation
Northwest Plaza, L.L.C. v. Michael-Glen, Inc., 102 S.W.3d 552 (2003)
Parent Document
Northwest Plaza, L.L.C. v. Michael-Glen, Inc., 102 S.W.3d 552 (2003)
Jurisdiction
Missouri (state)
Effective Date
2003-03-25

Other Sections in This Document (68)

Full Text

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To the extent we should consider other aspects of the motion for summary judgment to ascertain whether the trial court properly entered judgment in favor of Northwest Plaza, we also conclude the record discloses no genuine issue of material fact regarding either Northwest Plaza’s claim against BSE for rent and possession; or the other two affirmative defenses presented by BSE. As a plaintiff seeking summary judgment, Northwest Plaza needs to establish no genuine dispute as to material facts on which it has the burden of persuasion at trial. “To prove a case for rent and possession, [a ljandlord need only show that [its tjenant failed to pay rent and that [the ljandlord has made a demand for that rent.” Ellsworth Breihan Bldg. Co. v. Teha, Inc.,