Carroll's Warehouse Paint Stores, Inc. v. Rainbow Coatings Corp.

PREWITT, Judge.

Defendants appeal from a judgment granting plaintiff the relief requested in this rent and possession action. Defendants contend that collateral estoppel and election of remedies prevents plaintiffs from recovering as there was a prior suit between the parties. Defendants also contend that they were not in default in the payment of rent.

Defendants’ contentions are set forth in one point. Regarding the rent the point merely states, “A. There was no default ‘in the payment of rents' as required by RSMo. 535.010, under which relief for recovery of possession may be granted.”

The…