Ellsworth Breihan Building Co. v. Teha Inc.

LAWRENCE E. MOONEY, Presiding Judge.

Tenant, Teha, Inc., appeals from the judgment in favor of Landlord, Ellsworth Breihan Building Company, in an unlawful detainer action brought under Section 534.030 RSMo. (2000). 1 Tenant argues that the trial court erred in failing to dismiss Landlord’s action for unlawful detain-er because Landlord had previously elected its remedy, a rent and possession action under Section 535.020, for Tenant’s alleged breaches of the lease. We affirm.

Facts

Landlord and Tenant signed a lease in which Landlord agreed to allow Tenant to operate a restaurant and bar on its…