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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Bullock v. Ponticello, 775 S.W.2d 286 (1989)

Citation
Bullock v. Ponticello, 775 S.W.2d 286 (1989)
Parent Document
Bullock v. Ponticello, 775 S.W.2d 286 (1989)
Jurisdiction
Missouri (state)
Effective Date
1989-06-27

Full Text

1,130 chars
The lawsuit was brought in two counts. The first count was directed solely against Vito Ponticello. It alleged that on September 1, 1982, plaintiffs and Vito had entered into a lease for certain restaurant property in Washington, Missouri. A provision in the lease required plaintiffs to provide a $20,000 security deposit to be returned upon termination of the lease, subject to certain conditions. Count I alleged that plaintiffs also paid to “defendants ” $10,000 to purchase inventory of the restaurant. The lease was terminated on December 31, 1984 for non-payment of rent for three months amounting to $9,000. At that time “defendants ” retook possession of the res*287taurant including inventory amounting to $893.34 less than the inventory at the beginning of the lease. Plaintiffs sought from Vito a refund of the security deposit and the value of the inventory pleaded as $9106.66 a total of $29,106.66 reduced by the $9000 in unpaid rent. Nothing in the lease refers in any way to the inventory or the acquisition of the restaurant business. The lease is strictly a lease of commercial property for use as a restaurant.