S. S. Kresge Co. v. Shankman

This action was instituted April 19, 1945 under the Declaratory Judgment Act, Sec. 1126 et seq., R.S. Mo. 1939, and the same sections in Mo. R.S.A. Plaintiff sought a declaration of its right to a valid driveway easement over a strip of ground ten feet in width leading from Harrison Street to the rear door of its store at 3124-28 Troost Avenue in Kansas City, Missouri, under a lease duly executed by Shankmans and recorded in 1928, and to declare that Shankmans were liable for all damages, expenses and costs incurred by plaintiff on account of Shankmans' breach of warranty of lawful title and…