Legal Opinion
Mobil Oil Credit Corp. v. DST Realty, Inc.
Missouri Court of Appeals
Decided February 5, 1985No. WD 35756PublishedCited by 17 opinions
1Opinion of the Court
LOWENSTEIN, Presiding Judge.
The single issue in this court tried case is, where a commercial lease is silent, which party is to pay for newly discovered latent and substantial repairs, structural in nature, the landlord or the tenant? Inapplicable is the implied warranty of habitability as recognized in King v. Moorehead, 495 S.W.2d 65 (Mo.App.1973), as that rule is only applicable to residential property. Detling v. Edelbrock, 671 S.W.2d 265, 270 (Mo. banc 1984).
On August 1, 1980 Mobil Oil Credit Corporation (referred to as Mobil or the tenant) entered into a ten-year lease on an entire…
2Cases cited15 opinions
- King v. MooreheadMissouri Court of Appeals · 1973
- Detling v. EdelbrockSupreme Court of Missouri · 1984
- Kaufman v. Shoe Corp. of AmericaAppellate Court of Illinois · 1960
- Hardy v. Montgomery Ward & Co.Appellate Court of Illinois · 1971
- Cohen v. E. & J. Bass, Inc.New York Court of Appeals · 1927
10 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Washington University v. Royal Crown Bottling Co. of St. LouisMissouri Court of Appeals · 1990
- Facilities, Inc. v. Rogers-Usry Chevrolet, Inc.Mississippi Supreme Court · 2005
- Howe v. ALD Services, Inc.Missouri Court of Appeals · 1997
- Miller v. Gammon & Sons, Inc.Missouri Court of Appeals · 2001
- Rathbun v. Cato Corp.Missouri Court of Appeals · 2002
12 more not listed; retrieve them via the Exa API.