Fannie Mae v. University Village Apartments

Philip M¡-Hess, Presiding Judge

Introduction

Fannie Mae appeals the judgment of the Circuit Court of St. Loüis City awarding it $161,816.08 for the breach of the obligation to pay net rents and $194,146.96 in attorney and expert fees. In four points on appeal, - Fannie Mae claims that the trial court erred by reducing Fannie Mae’s net rents damages because (1)-reduction'of damages is an affirmative defense that was not pleaded or tried by consent; (2) the loan documents allowed a credit only for “current operating expenses;” (3) the amounts credited were unrelated to the bomower’s failure to…