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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

813 chars
Finally, appellant contends the trial court erred in computing the allowable damages. It appears that for the last month in which appellant First Capitol Sports Center made rental payments, it credited a $700.00 security deposit to its rental payment and forwarded a check in the amount of $700.00. The trial court did not consider the credit taken for the security deposit to be rental payment. Appellant filed no claim for a set-off of the $700.00 security deposit and no evidence was offered as to the circumstances under which the security deposit was to be applied, credited, or returned. Therefore the trial court properly disregarded appellant’s unilateral credit of the security deposit to the rent payment in determining damages in this action. The judgment is affirmed. DOWD, P.J., and SATZ, J., concur.