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BRIZENDINE v. CONRAD

No. SC 83719.

71 S.W.3d 587 (2002)

David BRIZENDINE, Respondent, v. Nora Lee CONRAD, Appellant.

Supreme Court of Missouri, En Banc.

April 9, 2002.

Attorney(s) appearing for the Case

Lee R. Hardee, III, F. Russell Peterson, Overland Park, Kansas, for Appellant.

Timothy T. Stewart, Dale T. Smith, Jefferson City, for Respondent.

LAURA DENVIR STITH, Judge.

David Brizendine brought suit for treble damages under Missouri's anti-waste statute, section 537.420, RSMo 2000, against Nora Lee Conrad, his former tenant under a written lease-purchase agreement ("Agreement"). Ms. Conrad appeals the trial court's $33,760.35 judgment in favor of Mr. Brizendine, alleging that a $15,000 liquidated damages clause in the Agreement was his only remedy and that it waived Mr. Brizendine's right to sue for waste...

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