Centerline Investment Co. v. Tri-Cor Industries, Inc., 80 S.W.3d 499 (2002)

Citation: Centerline Investment Co. v. Tri-Cor Industries, Inc., 80 S.W.3d 499 (2002)
Parent Document: Centerline Investment Co. v. Tri-Cor Industries, Inc., 80 S.W.3d 499 (2002)
Jurisdiction: Missouri (state)
Effective Date: 2002-07-23
Original Source: https://www.courtlistener.com/opinion/5274892/centerline-investment-co-v-tri-... ↗

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*502A bench trial was held on March 20 and 21, 2001. At trial, Centerline argued that in addition to the unpaid rent on the leased premises, it was also entitled to rent on the space that Alcide vacated when it moved into Tri-Cor’s space. Tri-Cor disagreed, arguing that it owed Centerline nothing because it was induced to leave the space by false assurances from Bernstein that he had located a new tenant for the space. The trial court disbelieved TriCor’s claim that it was induced to leave and held that Tri-Cor breached the lease when it stopped making payments in April 2000. The court awarded Centerline the following: unpaid rent (including late payment charges) on its leased space ($16,-054.50); additional rent (including late payment charges and 4% interest) as a result of tax increases ($1,059.24) and CAM charges ($3,888.09);1 expenses associated with reletting the space ($1,703.30); landlord overhead ($567.19); utilities ($110.54); and attorneys’ fees ($8,739.27). The court further found that moving Al-cide from its space to Tri-Cor’s former space was a reasonable mitigation of damages and that under the terms of the lease Tri-Cor was responsible for the rent (and late charges) on the space Alcide vacated when it moved into Tri-Cor’s space ($16,-731). After crediting Tri-Cor for its security deposit of $6,740, the court’s awarded Centerline $41,053.89.2 The trial court refused, however, to award Centerline damages for lost leasing commission, concluding that they were not specifically pleaded as special damages.

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