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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

§ 90

Citation
§ 90
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

626 chars
When Barbieri testified about the agreement for a month to month tenancy at trial, he repeatedly used the term, “we”. However, when he was asked to what he was referring when he used the term “we”, he replied that “we” referred to Bridgeton Health and Fitness. There was no other evidence that Barbieri was acting in his individual capacity and not as president of Bridgeton in agreeing to the month to month tenancy. Under these circumstances we find that the trial court’s finding was not supported by the evidence. The trial court erred in entering judgment against Barbieri for the rent owed on the month to month tenancy.