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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Other Sections in This Document (52)

Full Text

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The foregoing elements were alleged by Davis in conclusionary language. Accompanying the Nichols motion for summary judgment was a copy of the notice to vacate served on Davis stating the basis for the request for possession to be nonpayment of rent. The contention which Nichols thereby advanced was that Davis’ failure to pay rent was justification for the act about which the petition complained. No pleading or argument in the record on appeal contains any factual support for the assertion that failure to pay rent did not justify the action taken by Nichols to terminate the Davis tenancy. The burden was on Davis in responding to the motion for summary judgment to present facts sufficient to support a finding that termination of his tenancy was unjustified. He failed to do so and the trial court was therefore correct in ruling against the cause of action in prima facie tort. Southwestern Bell Telephone Co. v. Buie, 689 S.W.2d 848, 850 (Mo.App.1985).