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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Johnson v. Linder, 618 S.W.2d 265 (1981)

Citation
Johnson v. Linder, 618 S.W.2d 265 (1981)
Parent Document
Johnson v. Linder, 618 S.W.2d 265 (1981)
Jurisdiction
Missouri (state)
Effective Date
1981-06-09

Full Text

1,018 chars
The measure of damages for the unlawful taking and deprivation or detention of usable property is its “use value.” Knight v. Lauer, 253 S.W. 454, 456 (Mo.App.1923); MFA Cooperative Ass’n of Mansfield v. Murray, 365 S.W.2d 279, 289 (Mo.App.1963); Stephen Burns, Inc. v. Trantham, 305 S.W.2d 66, 70-71 (Mo.App.1957). “Use value” contemplates consideration of the rental value of the property detained. Knight v. Lauer, supra at 456. It does not include the cost of replacement except insofar as that amount exceeds the value of the property detained. Stephen Burns, Inc. v. Trantham, supra at 70-71. The mere fact that tenant was forced to pay for substitute goods or replace her property was not proof of any loss suffered. Stephen Burns, Inc. v. Trantham, supra at 71; see, Riddle v. Dean Machinery Co., 564 S.W.2d 238, 258 (Mo.App.1978). In the event that damages for loss of use are not susceptible to proof, interest on the value of the property detained is allowable. Stephen Burns, Inc., v. Trantham, supra at 71.