ROTH v. PHILLIPS PETROLEUM CO.

No. 52358.

739 S.W.2d 598 (1987)

Neldarose ROTH, Plaintiff/Appellant, v. PHILLIPS PETROLEUM COMPANY, Defendant/Respondent.

Missouri Court of Appeals, Eastern District, Division Four.

November 10, 1987.


Attorney(s) appearing for the Case

Gary W. Bomkamp, St. Louis, for plaintiff/appellant.

John J. Mohan, Richard D. Schreiber, Hinshaw, Culbertson, Moelman, Hoban & Fuller, St. Louis, for defendant/respondent.


GRIMM, Judge.

In this court tried case, Neldarose Roth appeals from the judgment in favor of Phillips Petroleum Company. Roth as lessor, claims that Phillips, as lessee, is not abiding by the terms of the agreement between the two parties. In addition, she also claims that the lease, as written, is ambiguous.

The appeal raises three issues. First, whether the lease is ambiguous, which permits the introduction of parole evidence. The alleged ambiguity is a...

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