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 argues that the Inducement paragraph is exculpatory because of Lessee's contention that it is entitled to an abatement of one-half of the monthly rent until Consumers is replaced with a similar type and size business. Accordingly, it cites Howe v. ALD Services, Inc., 941 *782 S.W.2d 645 (Mo.App. E.D.1997), for the proposition that an exculpatory clause that purports to decrease the obligations of a party to a lease will be construed strictly against that party. Howe, however, discusses that principle only in the context of a lease that would relieve the landlord of liability for the condition, maintenance, or repair of the leased premises. Id. at 650. The authority the Howe court cites for that premise also relates to the same subject. See Mobil Oil Credit Corp. v. DST Realty, Inc., 689 S.W.2d 658, 661 (Mo.App. W.D.1985) (citing Restatement (Second), of Property ( Landlord and Tenant) Section 5.6). Since the Inducement provision of the Lease here does not purport to decrease Lessor's obligation with regard to the condition of the Leased premises, Howe provides no support for its contention under this point.

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