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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Duvall v. Stokes, 270 S.W.2d 419 (1954)

Citation
Duvall v. Stokes, 270 S.W.2d 419 (1954)
Parent Document
Duvall v. Stokes, 270 S.W.2d 419 (1954)
Jurisdiction
Missouri (state)
Effective Date
1954-07-17

Full Text

2,034 chars
*422Believing; it necessary to vacate by reason of the certificate, plaintiffs purchased a home about November 1, 1951, and thereafter moved on December 30, 1951. No suit for possession was instituted. After defendant’s house had been vacated, extensive repairs and alterations were made during January, 1952, before other tenants moved into the house about the first of February, 1952. Although plaintiffs offered no evidence as to what repairs and remodeling were done in the house after they vacated (excepting only that the partition between the living room and the dining room was not removed), the record contains detailed evidence offered by defendant, and in no wise disputed or contradicted by plaintiffs either in the trial court or upon appeal, as to the nature, character and extent of the work actually done. According to the witnesses, the floors throughout the house were sanded, filled and revarnished, asphalt tile was laid on the kitchen and bathroom floors, involving removal of the bathroom fixtures (which were outside the room for a period of days not definitely shown), the bathroom stool was repaired, the plastering was patched, all of the walls were given two coats of kemtone, all of the woodwork was refinished with two coats, a new gas floor furnace was installed, new electrical fixtures were hung, a new electrical outlet was wired into each room, the cabinet tops were recovered and chrome trim was placed around them, the upper half of the bathroom was papered, the faucets in the lavatory, bathtub and sink were replaced, a flue and an open space (about one yard square) in a closet were closed, new flooring was laid over open vents from the old coal furnace which had been removed, a new sash was put in the basement, the front door was repaired where the lock had been removed leaving an opening, and the garage was braced and covered with a new roof. Plaintiffs' brief lists most of the above alterations and remodeling and plaintiffs’ counsel say that “it is uncontradicted” that they were made.