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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Nickles v. Auntie Margaret Daycare, Corp., 829 S.W.2d 614 (1992)

Citation
Nickles v. Auntie Margaret Daycare, Corp., 829 S.W.2d 614 (1992)
Parent Document
Nickles v. Auntie Margaret Daycare, Corp., 829 S.W.2d 614 (1992)
Jurisdiction
Missouri (state)
Effective Date
1992-03-24

Other Sections in This Document (47)

Full Text

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Upon consideration of Auntie Margaret’s motion, the trial court determined the provision regarding commencement of lease payments within 90 days was subordinate to the provision making the commencement of Auntie Margaret’s obligations contingent upon securing a permanent Certificate of Occupancy and Use. The trial court found lessors failed to meet their burden of showing Auntie Margaret’s lack of good-faith effort to comply with the contingency. Further, the trial court determined the lease was void because there was never a meeting of the minds on the agreement. Accordingly, the trial court ordered Auntie Margaret to restore possession of the property to lessors, and lessors to return $1,601.00 to Auntie Margaret.