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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Boyd v. Boone Management, Inc., 676 S.W.2d 24 (1984)

Citation
Boyd v. Boone Management, Inc., 676 S.W.2d 24 (1984)
Parent Document
Boyd v. Boone Management, Inc., 676 S.W.2d 24 (1984)
Jurisdiction
Missouri (state)
Effective Date
1984-07-10

Full Text

765 chars
Forfeiture of a leasehold estate is a harsh remedy and viewed with disfavor in the law. Being so harsh, the law requires *27that every prescribed requirement be met unless waived by agreement of the parties. Carbonetti v. Elms, 261 S.W. 748 (Mo.App.1924). Additionally, a covenant which permits a forfeiture will be strictly construed against the party seeking to invoke the forfeiture. Independence Flying Service, Inc. v. Abitz, 386 S.W.2d 399, 404 (Mo.1965). As a strict prescribed requirement, demand for rental payment must be made on the actual day due. Independence Flying Service, supra. The evidence herein reveals that appellant did not make such a demand on the first day of the month. Instead, there was only a rejection of respondent’s partial payment.