section 535

Citation: section 535
Parent Document: MICHAEL YOUNKER, BRAD NECKERMANN, ADAM CHADEK, and AMANDA CHADEK v. INVESTMENT REALTY, INC., MICHAEL WOESSNER, LINDA WOESSNER, CURTIS D. BAXTER, SARAH BAXTER, and WILLIAMSBURG APARTMENTS, INC., Defendants-Respondents. (2015)
Jurisdiction: Missouri (state)
Effective Date: 2015-02-20
Original Source: https://www.courtlistener.com/opinion/2780934/michael-younker-brad-neckermann... ↗

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   As noted, infra, “ordinary wear and tear” is a fact determination. Monnig, 27 S.W.2d at 497. In the absence of a
direct admission or stipulation as to its non-existence by Tenants, it is an inference drawn from the totality of the
circumstances in this case. Where the facts, even if uncontroverted, support an inference either way, summary
judgment would be inappropriate. Baca Chiropractic, 317 S.W.3d at 677 (non-moving party given the benefit of all
inferences which may reasonably be drawn from the record).

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