CRESTWOOD PLAZA, INC. v. KROGER CO.

Nos. 35866, 35867.

520 S.W.2d 93 (1974)

CRESTWOOD PLAZA, INC., Respondent, v. The KROGER CO., and Tipton Electric Company, Appellants.

Missouri Court of Appeals, St. Louis District, Division One.

Motion for Rehearing or Transfer Denied February 7, 1975.

Rehearing Denied April 14, 1975.


Attorney(s) appearing for the Case

Byran, Cave, McPheeters & McRoberts, Robert G. Brady and Michael B. McKinnis, St. Louis, for respondent.

Luke, Cunliff, Wilson, Herr, Chavaux & McCluggage, for appellant Kroger Co.

Julius H. Berg, St. Louis, for appellant Tipton Electric Co.


Motion for Rehearing or Transfer to Supreme Court Denied February 7, 1975.

CLEMENS, Judge.

Suit for declaratory judgment and injunction by plaintiff-landlord Crestwood Plaza, Inc., to void both its shopping center lease to Kroger Company and Kroger's sublease to Tipton Electric Company. The issue was whether Kroger had the right to sublet the leased premises to Tipton. The trial court said not and Kroger and Tipton appealed. We reverse.

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