State ex rel. State Highway Commission v. Douglass, 23251
| Decision Date | 06 February 1961 |
| Docket Number | No. 23251,23251 |
| Citation | 344 S.W.2d 281 |
| Parties | STATE of Missouri ex rel. STATE HIGHWAY COMMISSION of Missouri, Plaintiff, v. William A. DOUGLASS, Fern M. Douglass, Defendants-Appellants, Arthur C. Farthing, Irene Farthing, Defendants-Respondents |
| Court | Missouri Court of Appeals |
James H. Anderson, J. K. Owens, Kansas City, for appellants.
Reginald Smith, Independence, for respondents.
This action arises out of the condemnation of property by the State Highway Commission. Defendants William A. Douglass and Fern M. Douglass were the owners of Lot 419, Greendale, a subdivision in Kansas City, Missouri. Upon this lot, known as 3001 and 3003 Van Brunt Boulevard, was a one-story building consisting of two storerooms. Defendants Arthur C. Farthing and Irene Farthing were the lessees of the south portion of said building. The lease did not expire until February 9, 1967. It provided rent at the rate of $125 per month from February 9, 1959, to February 9, 1964, and for $135 per month from February 9, 1964, until February 9, 1967. The lease also provided that the premises should be used for a laundry and ordinary dry cleaning agency, and during the time the Farthings occupied the building they conducted this sort of business.
The condemnation proceedings resulted in an award of $25,000. This sum was deposited with the Circuit Clerk on October 21, 1959. On November 4, 1959, Mr. and Mrs. Farthing filed their motion in the Circuit Court seeking an allowance for the value of the unexpired term of said lease. They claimed to have been damaged in the sum of $8,000. The Court, after hearing the evidence, entered judgment for $3,500. Defendants William A. Douglass and Fern M. Douglass have appealed.
At the trial Mr. Farthing testified that the reasonable market value of the lease as of the date of the payment of the award to the Circuit Clerk was $7,500. In addition to the testimony of Mr. Farthing respondents called as a witness Mr. David W. Childs. Mr. Childs was shown to have been engaged in the handling of sales and rentals of real estate in Kansas City for many years and experienced in the appraisal of leases for storerooms and properties similar to that here involved. He testified that in his opinion the fair market value of the leasehold of respondents, taking into consideration the period yet to run, the favorable and unfavorable factors thereof, the location, type and construction of the building, the business of the tenant, comparable properties in similar neighborhoods, present market conditions and future market trends all brought him to the conclusion and opinion that the reasonable market value of the unexpired term of the lease was $3,500.
The real controversy between respondents, as lessees of the storeroom,...
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