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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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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Bearing in mind that plaintiffs’ cause of action is for alleged unlawful eviction under the Act [i. e., for having “lawfully [gained] possession from a tenant * * * and thereafter [failed] fully to comply with such requirements or conditions as may have been imposed for such possession by * * * any regulation, order or requirement” under the Act], excluding from consideration the evidence which might have been relevant in a common law action for fraud and deceit but which was not competent upon plaintiffs’ submitted theory, and considering the work admittedly done during the month following plaintiffs’ vacation of the premises (from which, as one witness aptly put it, "the house would be completely torn up inside”), we are unable to escape the conclusion that there was no evidentiary basis for submission of this case to the jury. Accordingly, the judgment for $50 on Count I of plaintiffs’ petition and the subsequent judgment of $200 for attorneys’ fees are reversed. McDOWELL, P. J., and BLAIR, J., concur.