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HERMEL, INC. v. WIG CHALET BOUTIQUE, INC.

No. 9542.

527 S.W.2d 734 (1975)

HERMEL, INC., Plaintiff-Respondent, v. The WIG CHALET BOUTIQUE, INC., Defendant-Appellant.

Missouri Court of Appeals, Springfield District.

September 10, 1975.

Attorney(s) appearing for the Case

George J. Donegan, John D. Eakes, Horace S. Haseltine, Springfield, for defendant-appellant.

Turner White, White, Dickey & Allemann, Springfield, for plaintiff-respondent.

HOGAN, Judge.

Plaintiff Hermel, Inc., owns and operates the Battlefield Mall in the city of Springfield, Missouri. The Battlefield Mall is described as a "fairly typical small regional shopping center enclosed." Defendant Wig Chalet Boutique, Inc., is one of plaintiff's tenants. Defendant sells wigs, falls, wiglets and hairpieces. Deeming its "exclusive" (the restrictive covenant in its lease) infringed, defendant has withheld its rent since November 1, 1971. Plaintiff...

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