Frank P. Moley and Marie Moley, Appellants, v. Plaza Properties, Inc., and Melvin E. Kleb, Individually and as President of Plaza Properties, Inc., Respondents, 549 S.W.2d 633

Summary

The landlords sued the company and its president for rent due under a lease. Defendants filed a motion to dismiss the landlords' petition, arguing that it failed to state a claim. Shortly after execution of the purported lease, it was abrogated and rescinded by mutual agreement. The landlords entered into a new lease for the same premises with a third party, thereby releasing defendants from any liability. The landlords did not respond to defendants' motion to dismiss. The trial court dismissed the landlords' action. The landlords appealed, and the defendants moved to dismiss the appeal. The court held that defendants' motion presented facts establishing that, after execution of the lease upon which the landlords filed their petition, a novation occurred. Thus, defendants were released from liability on the lease. The landlords did not respond, and the evidence tendered in support of the motion to dismiss was unopposed. Such evidence was properly admitted and constituted unassailable ...