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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Kansas City Stock Yards Co. v. A. Reich & Sons, 250 S.W.2d 692 (1952)

Citation
Kansas City Stock Yards Co. v. A. Reich & Sons, 250 S.W.2d 692 (1952)
Parent Document
Kansas City Stock Yards Co. v. A. Reich & Sons, 250 S.W.2d 692 (1952)
Jurisdiction
Missouri (state)
Effective Date
1952-07-14

Other Sections in This Document (53)

Full Text

1,358 chars
Plaintiff's evidence showed that in 1933, the premises, located at 1720 Wyoming Street, Kansas City, Missouri were leased to the defendant, who had occupied them from that time up to and including the date of the fire. This lease expired or was abandoned about 1938 and from that time on, the relationship was a tenancy from month to month. It was then agreed that if the building were destroyed by fire, the tenancy was to terminate with no liability on the part of the tenant. At the time of the trial the lease had been lost and no one knew its exact provisions. Prior to 1938, the rent had been $75 per month but at that time it was raised to $112.50 per month. Plaintiff kept the building insured at the cost of $435 per annum, and did not "look to the tenant to reimburse us in case of fire." An inspection was made for the insurance companies in 1937, for their use in fixing rates. The operation of welding equipment in the building was considered in fixing the rates and increased the amount of the premium. The defendants were engaged in the fruit and produce business; the building which was approximately 190 feet by 113 feet, faced east and was used for storage and repair of defendant's trucks. In the southeast corner of the building a space of about 40 by 40 feet had been partitioned off with metallic sheeting and was used as a repair shop.