RREEF Mid-America Fund III v. Distronics Corp.

MEMORANDUM

LIMBAUGH, District Judge.

Plaintiff RREEF Mid-America Fund III contends in Count I of the amended complaint that defendant Distronics Corporation breached various provisions of a lease agreement between the parties dated May 29, 1984. RREEF seeks damages for injuries to its realty, unpaid rent, taxes, common area maintenance charges, and attorneys’ fees. In Count II, plaintiff alleges that defendant’s actions constituted waste of the property under Missouri common and statutory law.

Defendant Distronics concedes that it owes RREEF one month’s rent and its share of certain property…