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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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Additionally, as a plaintiff seeking summary judgment, Northwest Plaza must demonstrate that BSE’s other affirmative defenses fail as a matter of law. With respect to BSE’s defense that Northwest Plaza has failed to state a cause of action upon which relief may be granted, we conclude the allegations of Northwest Plaza’s Affidavit and Statement in Landlord’s Case (petition) satisfy Sections 635.020 et seq. RSMo 2000, the statutory basis for the rent and possession claim. As Section 535.020 RSMo 2000 requires, the allegations in the petition state: the terms on which the property was rented, the amount of rent due, that a demand for unpaid rent was made, that payment has not been made, and a description of the leased property. Thus, BSE’s affirmative defense based on a failure to state a cause of action upon which relief may be granted fails as a matter of law.