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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Bryan v. Vaughn, 579 S.W.2d 177 (1979)

Citation
Bryan v. Vaughn, 579 S.W.2d 177 (1979)
Parent Document
Bryan v. Vaughn, 579 S.W.2d 177 (1979)
Jurisdiction
Missouri (state)
Effective Date
1979-03-21

Full Text

898 chars
It was undisputed that defendants paid $400.00 rent under Paragraph 4(a) for each of the months of July and August 1973. On the first day of September, 1973, defendants tendered a check for September rent in the amount of $1,700.00, which was refused by plaintiffs. Defendants’ contention was then, as it is now, that $800.00 was properly deducted from the September rent because they had not owed the $400.00 they paid under Paragraph 4(a) in July and August, as all seven units had not then been completed and ready for occupancy. The seven units referred to in Paragraph 4(a) consisted of two groups of rooms: (1) five rooms which were completed by July 1,1973 about which there is no controversy, and (2) two basement rooms which did not have private baths and which were used for storage. It was the two basement rooms which defendants allege were never completed in accordance with the lease.