YAFFE v. AMERICAN FIXTURE, INC.

No. 47992.

345 S.W.2d 195 (1961)

Isadore YAFFE, Plaintiff-Appellant-Respondent, v. AMERICAN FIXTURE, INC., Defendant-Appellant-Respondent.

Supreme Court of Missouri, Division No. 1.

April 10, 1961.


Attorney(s) appearing for the Case

Shifrin, Treiman, Agatstein & Schermer, Sylvan Agatstein, St. Louis, for plaintiff-appellant-respondent.

Rexford H. Caruthers, St. Louis, and Husch, Eppenberger, Donohue, Elson & Jones, St. Louis, for defendant-appellant-respondent.


HYDE, Judge.

Plaintiff sued defendant for the final six $1,000 monthly rental installments claimed to be due on a lease and had judgment for $3,300. Defendant counterclaimed for damages for breach of covenant alleged to have been caused by failure to promptly restore the leased premises after damage by a windstorm and had judgment for $14,000. Both parties have appealed and notice of appeal was filed prior to January 1, 1960.

Plaintiff made a lease of a five...

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