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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

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The court below found that “plaintiffs would be entitled to a judgment on Count I of plaintiffs’ amended petition in the sum of $2,500.00 for rent due September 1,1973, representing $2,000.00 under Paragraph 1(a), $400.00 under Paragraph 4(a), and $100.00 for furniture. However, defendants were precluded from keeping the leased premises by the action of plaintiffs [i. e. blocking the motel driveway with the backhoe bearing the sign “Motel closed, lease not paid”]. Plaintiffs should recover for that portion of the month that defendants were in actual possession, namely three days. . . [T]he Court feels that a pro rata amount of one-tenth of the rental, namely $250.00, should be allowed plaintiffs under Count I of their petition.”