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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

661 chars
Gundaker and Wee Too further suggest in their briefs that not only did Hamilton Music improperly recover its rental payments, but also that Hamilton Music owed them the amount of rent it withheld during its occupancy of the premises for May and June. Regardless of the merits of their arguments, in their pleadings appellants never sought this amount by way of their answer or any counterclaim. Just as we refuse to modify the award of Hamilton Music’s damages for properly includable items (e.g. lost profits) for which it failed to pray, we cannot now give appellants on appeal what they might have been entitled to had they properly sought recovery at trial.