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WINDSOR REAL ESTATE & MORTG. CO. v. RUMA

No. 49575.

710 S.W.2d 316 (1986)

WINDSOR REAL ESTATE & MORTGAGE COMPANY, Plaintiff-Appellant, v. Thomas RUMA, Defendant-Respondent.

Missouri Court of Appeals, Eastern District, Division One.

Motion for Rehearing and/or Transfer Denied April 22, 1986.

Application to Transfer Denied June 17, 1986.

Attorney(s) appearing for the Case

John W. Moticka, Greensfelder, Hemker, Wiese, Gale & Chappelow, St. Louis, Mo., for plaintiff-appellant.

Patrick R. Gunn, Patrick J. Boyle, Gunn & Gunn, St. Louis, for defendant-respondent.

CARL R. GAERTNER, Presiding Judge.

Plaintiff Windsor Real Estate and Mortgage Company was the lessor and defendant Thomas Ruma was the lessee of premises in the Covington Manor Shopping Center in St. Louis County. The shop space was a shell when defendant took possession of it in 1976. Defendant improved the premises between 1976 and 1979, however, converting the shell into a pizza parlor and commissary.

On October 7, 1979, a fire rendered the premises "unfit...

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