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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 phrase "similar type and size business" is obviously susceptible to honest differences in interpretation, and is indistinct and uncertain as to its application. While it is clear that "similar" means something less than identical, there is no guidance provided in the Lease concerning how "similar" another business must be to qualify as an acceptable replacement for a named major anchor tenant that vacates the shopping center. Likewise, the Lease is unclear regarding the intended qualifying characteristics that must be used to judge the required similarity. For instance, does a "similar type" business refer to the types of goods offered for sale and, if so, how "similar" must they be? Also, does "similar ... size business" refer to the square footage occupied by the replacement business, or does it refer to the amount of its sales?