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RHODEN INVESTMENT CO., INC. v. SEARS, ROEBUCK & CO.

Nos. 56762, 56883.

499 S.W.2d 375 (1973)

RHODEN INVESTMENT COMPANY, INC., Plaintiff-Respondent-Appellant, v. SEARS, ROEBUCK AND COMPANY, Defendant-Appellant-Respondent.

Supreme Court of Missouri, Division No. 1.

Motion for Rehearing or to Transfer Denied October 8, 1973.

Attorney(s) appearing for the Case

Donald W. Giffin, F. Lee Major, III, Kansas City, for appellant Rhoden Investment Company, Inc.; Spencer, Fane, Britt & Browne, Kansas City, of counsel.

Karl F. Schmidt, Larrie C. Hindman, Kansas City, for defendant Sears, Roebuck & Company; Morrison, Hecker, Cozad, Morrison & Curtis, Kansas City, of counsel.

Motion for Rehearing or to Transfer to Court en Banc Denied October 8, 1973.

HIGGINS, Commissioner.

Action by Rhoden Investment Company, Inc., for declaratory judgment and rent in which plaintiff was awarded judgment against defendant in sum $13,829.66 representing rentals due plaintiff from defendant in sum $30,897.66, reduced by $17,068 as a "mitigation factor." Appellant Rhoden, No. 56883, seeks reversal of the allowance of $17,068 for mitigation, contending...

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