Legal Opinion

Greenberg v. Dowdy

Missouri Court of Appeals

Decided October 8, 1996No. 68251PublishedCited by 6 opinions

1Opinion of the Court

KAROHL, Judge.

Defendant, Ray Dowdy, (tenant) appeals after judgment in favor of Marvin Green-berg, (landlord) on his cause of action for breach of a commercial lease. The only issue is whether the trial court erred on matters of fact and law in finding the parties had two lease agreements which were exclusive of one another and represented separate transactions. This finding supported rejection of the defense landlord was not entitled to recover rent on one lease where landlord exercised an option to terminate tenancy under the other lease. We affirm.

Tenant operates a garage door business…

2Cases cited5 opinions

  1. Murphy v. CarronSupreme Court of Missouri · 1976
  2. Ware v. WareMissouri Court of Appeals · 1983
  3. Merz v. First National Bank of Franklin CountyMissouri Court of Appeals · 1984
  4. Four-Three-O-Six Duncan Corp. v. Security Trust Co.Supreme Court of Missouri · 1963
  5. Price v. American Bank of St. LouisMissouri Court of Appeals · 1990

3Cited by6 opinions

  1. Martin v. United States Fidelity & Guaranty Co.Supreme Court of Missouri · 1999
  2. Groothand v. SchlueterMissouri Court of Appeals · 1997
  3. In Re Adelphia Business Solutions, Inc.United States Bankruptcy Court, S.D. New York · 2005
  4. Clearly Canadian Beverage Corp. v. American Winery, Inc.Court of Appeals for the Eighth Circuit · 2001
  5. Holbert v. WhitakerMissouri Court of Appeals · 2002

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