Kimack v. Adams, 930 S.W.2d 505 (1996)
- Citation
- Kimack v. Adams, 930 S.W.2d 505 (1996)
- Parent Document
- Kimack v. Adams, 930 S.W.2d 505 (1996)
- Jurisdiction
- Missouri (state)
- Effective Date
- 1996-10-08
- Original Source
- https://www.courtlistener.com/opinion/5264132/kimack-v-adams/ ↗
Other Sections in This Document (14)
- Kimack v. Adams, 930 S.W.2d 505 (1996)
- Kimack v. Adams, 930 S.W.2d 505 (1996)
- Kimack v. Adams, 930 S.W.2d 505 (1996)
- Kimack v. Adams, 930 S.W.2d 505 (1996)
- Kimack v. Adams, 930 S.W.2d 505 (1996)
- Kimack v. Adams, 930 S.W.2d 505 (1996)
- Kimack v. Adams, 930 S.W.2d 505 (1996)
- Kimack v. Adams, 930 S.W.2d 505 (1996)
- Kimack v. Adams, 930 S.W.2d 505 (1996)
- Kimack v. Adams, 930 S.W.2d 505 (1996)
- Kimack v. Adams, 930 S.W.2d 505 (1996)
- Kimack v. Adams, 930 S.W.2d 505 (1996)
- Kimack v. Adams, 930 S.W.2d 505 (1996)
- Kimack v. Adams, 930 S.W.2d 505 (1996)
Full Text
752 charsHere, the owners chose to remain out of possession and treat the term as subsisting. When Kimack informed Owners that he was not going to occupy the condominium, Owners began to run another advertisement in the newspaper, thereby, attempting to mitigate their damages even though Owners did not have a duty to mitigate under the first option of Babcock. Adkins v. Hobson & Son, Inc., 666 S.W.2d 951, 957 (Mo.App. W.D. 1984). They were unsuccessful in locating another lessee to assume the remaining term. Owners resumed possession of the condominium only during the last five days of the lease term. They are entitled, as the trial court so held, to retain the prepaid rent less the amount for the time in which they took possession of the condominium.