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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

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The transcript reveals conflicting testimony regarding two separate water problems, water drainage from a sump pump and condensation on the walls and elsewhere in the premises. There was evidence from which the trial court could find that the sump pump drainage problem was discovered three weeks after the beginning of the lease term, that it was soon fixed, and that Bridgeton was satisfied with the repair. Further, there was evidence that the ongoing condensation problem was a result of Bridgeton’s use of the premises. There was no specific evidence of the nature or amount of damage resulting from the sump pump drainage as opposed to the other water damage claimed by Bridgeton. The trial court’s judgment is supported by substantial evidence and is not against the weight of the evidence. Murphy v. Carrón, 536 S.W.2d at 32. Point three is denied. CONCLUSION