Breeze Investments, LLC v. Michael Rockwell and MR Floors, LLC (2022)

Citation: Breeze Investments, LLC v. Michael Rockwell and MR Floors, LLC (2022)
Parent Document: Breeze Investments, LLC v. Michael Rockwell and MR Floors, LLC (2022)
Jurisdiction: Missouri (state)
Effective Date: 2022-04-26
Original Source: https://www.courtlistener.com/opinion/6462782/breeze-investments-llc-v-michae... ↗

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  Moreover, the Amended Lease was not executed by Rockwell in his individual capacity. Although not argued by
Rockwell in this appeal, we further note, ex gratia, that the Amended Lease executed by Breeze and MR Floors was
not simply a renewal but was a lease for a different property and for a different monthly rate than the Original Lease.
“A material alteration in, or departure from the contract of guaranty without the guarantor’s consent will discharge
him.” Citizens Bank of Smithville v. Lair, 687 S.W.2d 268, 270 (Mo. App. W.D. 1985). “If the change enlarges or
lessens the liability, it is material and vitiates the contract.” Id. In this matter, the monthly rate of the rental
property in the Amended Lease was $3,822 per month, nearly three times greater than the monthly rate of the rental
property in the Original Lease ($1,327 per month).

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