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CMC CORP. v. GROTH

No. 44952.

649 S.W.2d 952 (1983)

CMC CORPORATION and Lucille K. Kuhlman, Plaintiffs-Appellants, v. Robert A. GROTH and Edith M. Groth, Defendants-Respondents.

Missouri Court of Appeals, Eastern District. Division Four.

April 5, 1983.

Attorney(s) appearing for the Case

Brian C. Underwood, Robert O. Hetlage, St. Louis, for plaintiffs-appellants.

Jeffrey E. Hartnett, Clayton, for defendants-respondents.

SMITH, Judge.

Plaintiff appeals from a judgment against it in a court-tried declaratory judgment case which sought to recover increased rental under a sublease. The claim for increased rental was based upon a cost of living clause. We reverse.

On May 1, 1972, plaintiffs CMC and Lucille Kuhlman1 entered into a ten year lease for commercial property owned by Mrs. Kuhlman. Rent for the first year was $9000 payable $750 per month....

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