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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Siteman Organization, Inc. v. Conley, 504 S.W.2d 214 (1973)

Citation
Siteman Organization, Inc. v. Conley, 504 S.W.2d 214 (1973)
Parent Document
Siteman Organization, Inc. v. Conley, 504 S.W.2d 214 (1973)
Jurisdiction
Missouri (state)
Effective Date
1973-11-27

Full Text

876 chars
The case of In re Estate of Lewis (Riverbank Associates v. Godfrey), 492 S. W.2d 385 (Mo.App.1973), decided by this Court last term, controls the disposition of the instant case. Here, as there, the lease is in writing and constitutes a written contract. While it is true that death does not usually terminate a lease for years, an exception to that rule lies where the lease is of a personal nature. Warnecke v. Rabenau’s Estate, 367 S.W.2d 15, 17 (Mo.App. 1963); Buddon Realty Co. v. Wallace, 238 Mo.App. 900, 189 S.W.2d 1002 (1945). The language of this lease, however, is clear and unambiguous. It should, therefore, be enforced in accordance with its terms rendering it unnecessary here, as in Lewis, supra, to resort to a rule of construction in order to ascertain the meaning of the parties where their intention may be gathered from the actual terms of the instrument.