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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Contrary to Specialty Restaurants and Baker, the trial court in this case obviously considered, and made findings concerning, the evidence of what was the intent of the parties in entering into the Lease, and particularly the Inducement paragraph thereof. Lessor's interpretation of the Inducement paragraph, set out in our opinion, was found by the trial court to be "unusual, inequitable and unlikely." This finding was made after hearing the evidence presented by the parties, including the evidence that a court is to consider in determining the intent of the parties after an ambiguity is found in a document. Those factors are set out in Royal Banks of Missouri v. Fridkin, 819 S.W.2d 359, 362 (Mo. banc 1991), cited in our opinion. Even though the trial court found that the Lease was unambiguous, it also made findings concerning the factors that are to be considered in determining the intent of the parties when a document is found to be ambiguous.

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