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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Hamilton Music, Inc. v. Gordon A. Gundaker Real Estate Co., 666 S.W.2d 840 (1984)

Citation
Hamilton Music, Inc. v. Gordon A. Gundaker Real Estate Co., 666 S.W.2d 840 (1984)
Parent Document
Hamilton Music, Inc. v. Gordon A. Gundaker Real Estate Co., 666 S.W.2d 840 (1984)
Jurisdiction
Missouri (state)
Effective Date
1984-01-24

Other Sections in This Document (40)

Full Text

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Appellants also dispute the award of damages by the trial court. The trial court awarded Hamilton Music $14,617, the full amount of its prayer. The amount calculated was derived from the petition alleging the following damages: $2,640 for the move to the premises; $6,977.02 for March, April and May rent at $1,992.34 per month; and $6,000 for February’s rent of $1,992.34 and a security deposit of $4,007.66. Ozer-sky and Banks contend that the proper measure of damages under a breach of contract theory is the difference in the rental value of the premises as provided for in the lease and the rental value of the premises as determined by what they would rent for in that neighborhood or comparable rentals in that neighborhood and that Hamilton Music presented no such evidence to the court. Gundaker avers that Hamilton Music’s moving costs were not properly includable as either actual or consequential damages and that the damage assessment should have included a set-off for the reasonable rental value of the premises during Hamilton Music’s occupancy-