Skip to main content
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

707 chars
Lessor also argues that the Inducement paragraph only provides for abatement of rent while the anchor tenant property is physically vacant, and that a new tenant's lack of similarity to Consumers only gives a right to cancel the lease. Its argument proceeds on the premise that the "similar type and size business" language appears only in that portion of the Inducement provision that deals with an option Lessee may exercise to cancel the lease upon a major anchor tenant vacating the shopping center. Accordingly, Lessor argues that, because Lessee chose not to cancel the Lease upon Consumers' departure, it lost any right to insist on a new tenant meeting the "similar type and size business" language.