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COACH HOUSE OF WARD PARKWAY v. WARD PARKWAY SHOPS

No. 54402.

471 S.W.2d 464 (1971)

COACH HOUSE OF WARD PARKWAY, INC., a Corporation, Plaintiff-Appellant, v. WARD PARKWAY SHOPS, INC., a Corporation, Defendant-Respondent and Third-Party Plaintiff, v. Virginia JACQUES, Executrix of the Estate of Horton Jacques, Deceased, Respondent and Third-Party Defendant.

Supreme Court of Missouri, Division No. 1.

October 11, 1971.

Attorney(s) appearing for the Case

George M. Winger, William G. Levi, Kansas City, for appellant; Smith, Schwegler, Swartzman & Winger, Kansas City, of counsel.

Morrison, Hecker, Cozad, Morrison & Curtis, Byron J. Beck, W. A. Feiock, Kansas City, for respondent Ward Parkway Shops, Inc.

Margolin & Kirwan, Robert A. Goodman, Kansas City, for respondent Virginia Jacques.

BARDGETT, Judge.

This case comes to the writer on reassignment. This is an action on contract brought by plaintiff-appellant (herein referred to as "Coach House"), a lessee against its lessor, defendant-respondent Ward Parkway Shops, Inc. (herein referred to as "Ward Parkway") seeking damages consisting of loss of profits resulting from alleged breach of a covenant contained in Article 9 of the lease between the parties whereby Ward Parkway agreed not to lease or...

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