Robin Farms, Inc. v. Bartholome, 989 S.W.2d 238 (1999)

Citation: Robin Farms, Inc. v. Bartholome, 989 S.W.2d 238 (1999)
Parent Document: Robin Farms, Inc. v. Bartholome, 989 S.W.2d 238 (1999)
Jurisdiction: Missouri (state)
Effective Date: 1999-04-06
Original Source: https://www.courtlistener.com/opinion/2453209/robin-farms-inc-v-bartholome/ ↗

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731 S.W.2d 399, 410 (Mo.App.1987). In this case, however, this rule would not have any application in that based on the respondents’ contentions and the record before us there is no dispute that the notice to terminate given by them, regardless of to whom, was only in reference to any tenancy created by the lease, whereas the tenancy we find to be in genuine dispute is a year-to-year tenancy, which was created by a means other than the lease. Given these circumstances, for purposes of summary judgment, one cannot simply assume that a notice to John Fay to terminate the lease tenancy was intended to also terminate the year-to-year tenancy. *256

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