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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Kiefer v. First Capitol Sports Center, Inc., 684 S.W.2d 483 (1984)

Citation
Kiefer v. First Capitol Sports Center, Inc., 684 S.W.2d 483 (1984)
Parent Document
Kiefer v. First Capitol Sports Center, Inc., 684 S.W.2d 483 (1984)
Jurisdiction
Missouri (state)
Effective Date
1984-12-04

Full Text

1,111 chars
During the term of the lease, Roy R. Thoele managed the property. He received the rent payments, handled all maintenance questions with the tenant and transacted the insurance. After David Kiefer became trustee, he recommended to Mrs. Thoele that the lessee be directed to make the rental checks payable to David T. Kiefer, trustee, even though Roy Thoele would receive the checks and deposit them to the trust beneficiaries’ account. The lessee complied but did not inquire as to the nature of the trust arrangement. When the lease ended in January 1981 Mr. Wefel negotiated for First Capitol with Mr. Thoele for a new lease. During initial negotiations, First Capitol Sports Center remained on the premises on a month to month basis continuing to pay $1,400.00 monthly. These payments were accepted by Roy Thoele. The lessee never negotiated with David Kiefer, trustee. Discussions between Thoele and Wefel failed and on or about July 25, 1981, First Capitol received a written notice to terminate tenancy effective August 31, 1981. This notice was signed by David T. Hamilton, Attorney for Roy Thoele, owner.