Davis v. J.C. Nichols Co., 714 S.W.2d 679 (1986)

Citation: Davis v. J.C. Nichols Co., 714 S.W.2d 679 (1986)
Parent Document: Davis v. J.C. Nichols Co., 714 S.W.2d 679 (1986)
Jurisdiction: Missouri (state)
Effective Date: 1986-06-10
Original Source: https://www.courtlistener.com/opinion/1747893/davis-v-jc-nichols-co/ ↗

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As a counterface of the retaliatory eviction theory, Davis argues, in effect, that Nichols had waived its right to declare the rent payments in default by previously accepting late payments and by acquiescing in his continued occupancy of the property despite accrual of unpaid rent. Under this theory, Nichols was not entitled to rely on the non-payment of rent as the basis for eviction thereby leaving as the only cause the retaliation for the complaints over the parking lot episode. Assuming a waiver by Nichols of its entitlement to prompt payment, an assumption not validated by pleading or proof of a manifest intention by Nichols to waive entitlement to current rents, Lucas Hunt Village Co. v. Klein, 358 Mo. 1054, 218 S.W.2d 595, 599 (banc 1949); Spencer’s River Roads v. Unico Management,

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