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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Section 204

Citation
Section 204
Parent Document
Duvall v. Stokes, 270 S.W.2d 419 (1954)
Jurisdiction
Missouri (state)
Effective Date
1954-07-17

Full Text

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No doubt, plaintiffs’ testimony concerning conversations between the parties and alleged attempts to evict plaintiffs prior to issuance of the certificate on September 26, 1951, was admitted by the able trial judge On the theory that it was relevant under Count II of the petition, in which plaintiffs pleaded a common law cause of action for fraud and deceit. But, Count II having been dismissed at the close of plaintiffs’ evidence, such testimony could have thereafter no relevancy, materiality or probative value in proper determination of the sole issue under plaintiffs’ submitted theory, i. e., whether the premises actually were altered or remodeled “to such extent that a tenant could not remain in occupancy while the work was being done.” 3