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
Original Source: https://www.courtlistener.com/opinion/1890960/rathbun-v-cato-corp/ ↗

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Lessor also states that we “overlooked facts in finding that the ‘only testimony’ on the subject of the parties [sic] intent were the declarations of lessee or its agent,” because Mrs. Rathbun testified extensively about her understanding of the meaning of the lease terms. Lessor misinterprets our opinion. In our discussion of Lessor’s second point on appeal, we said that “[according to the only testimony on the subject, Lessee wants to be in shopping centers that have grocery stores and discount or major department stores because those types of businesses attract female shoppers.” In that statement, we were alluding to the evidence concerning Lessee’s criteria and intent in selecting sites for its businesses. We did not purport to say, as Lessor suggests, that there was no other evidence concerning the intent of the parties concerning the terms of the Lease. In fact, as we said in our opinion, Lessor’s agent agreed that the intent of the parties was that Wal-Mart and Consumers were to be the major anchor tenants and no others.

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