Amoco Oil Co. v. Hembree

KENNEDY, Judge.

Amoco Oil Company appeals from a summary judgment in favor of Ralph Hembree in a suit by Amoco against Hembree individually for the return of unearned prepaid rent in the sum of $34,956.55. Amoco on June 13, 1980, leased from Continental Enterprises, Inc., a Missouri corporation, of which Hembree was president and sole stockholder, certain real property for use as a service station-car wash business, paying Continental Enterprises, Inc., advance rent of $40,000. Continental Enterprises, Inc., simultaneously leased the premises back from Amoco, agreeing to pay Amoco rent of one…