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MOBIL OIL CREDIT CORP. v. DST REALTY, INC.

No. WD 35756.

689 S.W.2d 658 (1985)

MOBIL OIL CREDIT CORPORATION, Appellant, v. DST REALTY, INC. & Stephen D. Dunn, Respondents, DST REALTY, INC. & Stephen D. Dunn, Respondents-Cross Appellants, v. MOBIL OIL CREDIT CORPORATION, Appellant-Cross Respondent.

Missouri Court of Appeals, Western District.

Motion for Rehearing and/or Transfer to Overruled and Denied April 2, 1985.

Application to Transfer Denied May 29, 1985.

Attorney(s) appearing for the Case

John M. Kilroy, Jr., William E. Quirk, Shughart, Thomson & Kilroy, and Wayne E. Mullins, Mobil Oil Credit Corp., Kansas City, for appellant.

Duane J. Fox, Paul G. Schepers, Burrell, Seigfreid & Bingham, P.C., Kansas City, for respondents.

Before LOWENSTEIN, P.J., and SOMERVILLE and NUGENT, JJ.

Motion for Rehearing and/or Transfer to Supreme Court Overruled and Denied April 2, 1985.

LOWENSTEIN, Presiding Judge.

The single issue in this court tried case is, where a commercial lease is silent, which party is to pay for newly discovered latent and substantial repairs, structural in nature, the landlord or the tenant? Inapplicable is the implied warranty of habitability as recognized in King v. Moorehead, 495 S.W.2d 65

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