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's complaint here is that, by the use of the term "hereafter" in the judgment, the trial court rendered ineffective the provisions of paragraph 6 of the Lease relating to increased rent in the event of *778 renewal. It is not clear that this interpretation was the intent of the trial court in entering the judgment. For instance, the judgment stated that Lessee was "entitled to pay at the abated rent amount of $1,100 per month for loss of major anchor tenant [Consumers], an amount equal to one-half (1/2) of the monthly fixed rent in lieu of all other charges hereafter ..." (emphasis added.) Although the word "hereafter" was used, the judgment also stated that $1100 was one-half of the monthly fixed rent. This would be true during the primary term of the Lease, but not during any of the renewal periods, in that the fixed rent during those periods is to be increased pursuant to paragraph 6 of the Lease. Each of the subparagraphs of that paragraph provided for an automatic extension and renewal of the Lease "under the same terms and conditions except" for increased rent. Therefore, even if an abatement were appropriate during any of the renewal periods, one-half of the fixed amount of rent would be more than $1100 per month.

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