LAMMERT FURNITURE CO. v. AMERICAN NAT. STORES, INC.

No. 43141.

619 S.W.2d 323 (1981)

The LAMMERT FURNITURE COMPANY, Respondent, v. AMERICAN NATIONAL STORES, INC. and Jonal Enterprises, Inc., Appellants.

Missouri Court of Appeals, Eastern District, Division Three.

Motion for Rehearing and/or Transfer Denied July 10, 1981.


Attorney(s) appearing for the Case

Bernard W. Weitzman, St. Louis, Michael McKitrick, Clayton, for appellants.

Harold S. Cook, Clayton, for respondent.


Motion for Rehearing and/or Transfer to Supreme Court Denied July 10, 1981.

CRIST, Presiding Judge.

The Lammert Furniture Company (hereinafter "Lammert-sublessee") sought a declaration that a sublease was in full force and effect, and not extinguished by termination of the primary lease. This declaratory judgment action came to an abrupt halt when the trial court granted summary judgment in favor of Lammert-sublessee. We reverse and remand.

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