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WHYZMUZIS v. PLAZA SHOE STORE, INC.

No. SD 31766.

375 S.W.3d 928 (2012)

Robert WHYZMUZIS and Sara Whyzmuzis, Appellants, v. PLAZA SHOE STORE, INC., Robert O. Lee, Barbara Lee, Cathy Belk, and Tim Lee, Respondents.

Missouri Court of Appeals, Southern District, Division Two.

September 17, 2012.

Attorney(s) appearing for the Case

Ginger Gooch , Springfield, for Appellant.

Robin James Aiken , for Respondent.

DANIEL E. SCOTT, P.J.

Plaza Shoe Store ("Tenant") leased space in a shopping center owned by appellants ("Owner").1 When a new roof was needed through no fault of Tenant, the parties disputed who should bear the cost. Tenant relocated and Owner sued for breach of contract. In a bench trial, the court denied Owner's claim, finding that Tenant was constructively evicted.

The premises were not tenantable without a new roof. The case...

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