Footwear Unlimited, Inc. v. Katzenberg, 683 S.W.2d 291 (1984)

Citation: Footwear Unlimited, Inc. v. Katzenberg, 683 S.W.2d 291 (1984)
Parent Document: Footwear Unlimited, Inc. v. Katzenberg, 683 S.W.2d 291 (1984)
Jurisdiction: Missouri (state)
Effective Date: 1984-12-18
Original Source: https://www.courtlistener.com/opinion/1755323/footwear-unlimited-inc-v-katzenberg/ ↗

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663 S.W.2d 385 (Mo.App.1983) contends that no written lease was entered into by the parties, and therefore § 432.050, which makes any unwritten tenancy created between the parties one of tenancy at will, controls. Furthermore, respondent claims that even though it offered evidence of its own regarding the terms of the lease and did not object to Katzenlenberg’s oral testimony concerning the terms of the lease, it may nevertheless assert the statute of frauds as a complete bar to enforcement of the lease and may effectively repudiate any obligation under it. Longmier, supra p. 389. See also: Brooks v. Cooksey, 427 S.W.2d 498, 504[1] (Mo.1968); Jones v. Linder, 247 S.W.2d 817, 820[4] (Mo.1952); Jones v. Anderson, 618 S.W.2d 252, 258 (Mo.App.1981).

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