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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Section 28

Citation
Section 28
Parent Document
Schnucks Carrollton Corp. v. Bridgeton Health & Fitness Inc., 884 S.W.2d 733 (1994)
Jurisdiction
Missouri (state)
Effective Date
1994-10-11

Other Sections in This Document (77)

Full Text

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The payments due under the oral agreement were fixed sums due each week of the month to month tenancy and were thus liquidated. Bridgeton argues that Barbieri’s testimony that he did not know how Schnucks would apply Bridgeton’s $500 per week payments is evidence that the debt was unliquidated. The record does not support this contention. Bridgeton’s own documentary evidence showed that it considered the $500 payments to be payments on the lease and the trial court so found. Further, Bridgeton took the position at trial and in this court that the parties agreed to a month to month tenancy at $500 per week after the lease expired. The trial court also made this finding. There is no basis to claim the rent due under the month to month tenancy was unliquidated.