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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Sec. 432

Citation
Sec. 432
Parent Document
Rouse Co. v. Boston Seafood of St. Louis, Inc., 894 S.W.2d 190 (1995)
Jurisdiction
Missouri (state)
Effective Date
1995-02-07

Full Text

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The documents relied upon by the defendant to establish the requisite writing do not contain all the essential elements of the contract. The invoices reflect that for a period of time the defendant was billed less than the contractual amount. But the invoices do not contain any time frame for such reduced amounts, whether such lower charges were a reduction of the rent or a deferral of the rent, and what if any consideration was provided for the lesser charges. Statements of total rent payments in arrears showing a drop in the arrearages roughly commensurate with the lower rent charges again do not establish the elements of any amendment to the written lease. Any modification of the amount of rent to be paid on a lease should state the duration and starting point of the change. See Pfeiffenberger v. Scott’s Cleaning Co., 144 S.W.2d 183 (Mo.App.1940) [3, 4]. An internal memorandum on plaintiffs books stated “Lawsuit filed against tenant. Settled out of court for a lump sum payment and the balance will be put on a note starting in January, 1993. Paper work is in the process of being done.”1 This again does not state the elements of the agreement, what the lump sum is, or the amount of the note. Further, it is inconsistent both with the invoices and defendant’s version of the oral agreement. Throughout the billing periods reflected by the invoices and the arrearage advices and the internal memorandum this lawsuit was pending indicating an absence of any agreement resolving the amount of rent owing. At most the documents relied upon by the defendant created an inference that the parties were attempting to resolve the lease payments problem but they do not constitute a writing establishing the terms of an agreement. Howard Construction Company, supra at [20, 21]. The evidence did not establish a writing sufficient under the statute of frauds to amend the lease.