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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Broken Heart Venture, L.P. v. A & F Restaurant Corp., 859 S.W.2d 282 (1993)

Citation
Broken Heart Venture, L.P. v. A & F Restaurant Corp., 859 S.W.2d 282 (1993)
Parent Document
Broken Heart Venture, L.P. v. A & F Restaurant Corp., 859 S.W.2d 282 (1993)
Jurisdiction
Missouri (state)
Effective Date
1993-08-24

Other Sections in This Document (20)

Full Text

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The damages determined and awarded to A & F in this unlawful detainer action included statutory damages for the limited period from the date of termination of the lease, June 1, 1992, to the date of restitution of the premises, October 2, 1992. The unlawful detainer judgment did not adjudicate other-claims of damage by either party arising out of the lease agreement. The consolidated case of Broken Heart’s claims for rent and breach of contract and A & F’s claims of damages for fraudulent inducement and failure to pay patio construction costs is still pending. The unlawful detain-er judgment does not preclude the parties from pursuing those claims. We decline A & F’s invitation to graft an exception on the general rule which prohibits affirmative defenses and counterclaims in unlawful detainer actions. Point two is denied. The judgment is affirmed. REINHARD and CRIST, JJ., concur.