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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Rathbun v. Cato Corp., 93 S.W.3d 771 (2002)

Citation
Rathbun v. Cato Corp., 93 S.W.3d 771 (2002)
Parent Document
Rathbun v. Cato Corp., 93 S.W.3d 771 (2002)
Jurisdiction
Missouri (state)
Effective Date
2002-11-21

Other Sections in This Document (144)

Full Text

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The interpretation of a contract is a question of law, and the cardinal rule is to ascertain the intention of the parties and to give effect to that intention. Robbins v. McDonnell Douglas Corp., 27 S.W.3d 491, 496 (Mo.App. E.D.2000). Here, the Lease is clear in stating that, in the event of a renewal, the fixed rent is to be increased. One-half of that amount, in the event Lessee is entitled to an abatement, would be more than the $1100 declared by the trial court. Therefore, to the extent that the judgment purported to fix Lessee’s liability for fixed rent at $1100, even during a renewal period, it was in error. To this extent, the judgment is reversed and the case is remanded with directions to the trial court to enter an amended judgment by deleting the word “hereafter” from the provision here under consideration.