Rathbun v. Cato Corp.

ON MOTION FOR REHEARING AND ' MOTION FOR TRANSFER

Lessor filed a “Motion For Rehearing Or, In The Alternative, For Transfer To The Missouri Supreme Court.” In that motion, Lessor contends, inter alia, that, although we correctly determined that the term “similar type and size business” in the Inducement paragraph of the Lease was ambiguous, we proceeded to weigh and determine the credibility of the evidence when that function should only be performed by the trial court. Lessor argues that the case should have been remanded to the trial court for that purpose and, in support, cites cases such…