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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (31)

Full Text

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First, we think Centerline’s characterization of the situation is inaccurate. Paying $48,650 for ten months’ rent on space it did not use is not “profiting.” Second, Berbiglia provides Centerline with little support. In Berbiglia the court affirmed a jury verdict that did not give Berbiglia credit for the rent received from a substitute tenant in excess of the rent owed by Berbiglia under the lease. C & M Developers, Inc., 585 S.W.2d at 187. But there the defaulting tenant sought a credit for rents received during months for which the landlord was not attempting to recover. Id. The court described it as follows: “Berbiglia was attempting to offset damages by obtaining credit for rentals inuring to C & M in the future during a period in which C & M was making no claim against Berbiglia for damages.” Id. Here the situation is quite different. Tri-Cor is seeking a credit for rents paid during months that Centerline is seeking to recover.