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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

1,481 chars
The gist of plaintiffs’ complaint is that, in defendant’s petition, she said that “I plan to tear out a petition (sic) and throw the living and dining room into one”; - “that defendant did willfully misrepresent her reasons for eviction in that she at no time intended to remove said partition * * * and * * * the Area Rent Director would not have granted the certificate * * * in the absence of said allegation”; but, that the partition was not removed, although admittedly other repairs and alterations not mentioned in defendant’s petition were made. Defendant’s explanation about the partition was that, although she intended to remove it when she filed her petition, although she directed her son (who cared for this and other rental properties owned by defendant and who was in charge of the work done at this dwelling) to remove the partition, and although she never countermanded that direction to her son, the partition was not removed because defendant’s son, in accordance with advice given to him by a contractor who inspected the premises and installed the gas floor furnace, decided that' the partition should not be removed for several reasons, viz., that it would leave the plastering and flooring “looking patched up”, that removal of the partition would weaken the house to some extent, and that, if the living room and dining room were thrown together, that room would be so much larger than the other rooms that “it would make the house look out of proportion.”