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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Smith v. Thomas, 210 S.W.3d 241 (2006)

Citation
Smith v. Thomas, 210 S.W.3d 241 (2006)
Parent Document
Smith v. Thomas, 210 S.W.3d 241 (2006)
Jurisdiction
Missouri (state)
Effective Date
2006-10-03

Full Text

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At trial, Appellant presented testimony from the property manager that Respondents had not paid rent in January, February, April, and May 2004 and submitted an accounting ledger that did not reflect payments having been received from Respondents for those months. Respondents’ testimony that they had indeed paid their rent for those four months served to impeach Appellant’s evidence of their failure to pay rent and to thereby negate the breach element of his cause of action. Accordingly, the trial court did not err in admitting- and considering that testimony in assessing whether Appellant proved his cause of action. See Rice, 844 S.W.2d at 67. Point denied.