Landlord’s Damages Only Partially Proven

Statute provides that documents certified as business records are admissible, so circuit court erred in sustaining a hearsay objection against appellant’s medical records. No offer of proof was necessary to preserve the issue because the certification specified the disputed evidence for the courts and the parties. But an offer of proof was necessary to demonstrate prejudice—without the medical records, appellant cannot show that a $500 damages award was insufficient. No termination of the parties’ lease occurred because appellant landlord did not give notice of termination to respondent tenant. When appellant instructed respondent to vacate, took possession, and re-let to a third party, respondents were liable only for the rents unmitigated by the third party’s payments.

Richard William Bangert, et al., Appellants, v. Dustin L. Rees, et al., Respondents.
(Overview Summary)

Missouri Court of Appeals, Eastern District – ED109319

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