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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Centerline cites no ease where a court has allowed an award of damages for the rent on another tenant’s space when that tenant moves into the space formerly occupied by the defendant. The only two reported cases on this issue are from Hawaii and Washington. In both cases the courts found that holding a tenant liable for rent on a space it did not contract for is, as a matter of law, beyond the contemplation of the parties and unforeseeable. In Marco Kona Warehouse v. Sharmilo, Inc., 7 Haw. App. 383, 768 P.2d 247, 249 (1989), the defendant abandoned three warehouse bays it had leased. The landlord, in a good faith effort to mitigate, allowed another tenant to move from its existing space to the defendant’s bays for a higher rent than the defendant was obligated to pay. Id. The landlord asked to be compensated for lost rent and expenses associated with filling the spaces left by the tenant who moved into the defendant’s bays. Id. The Hawaii Court of Appeals held that such damages were, as a matter of law, not within the contemplation of the parties. Id. at 251. Explaining itself, the court said:

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