Real Property : Right To Possession- Unlawful Detainer – Damages

(1)Where bank bought a property at a foreclosure sale and was granted summary judgment on the issue of possession in an unlawful detainer action brought against appellant, the appellant could not argue that that the deed of trust was forged because wrongful foreclosure cannot be asserted as a defense to an unlawful detainer action, and damages for rent and profits can be measured by the reasonable rental value of the premises during a period of unlawful detention, so the amount of damages found by the jury was within the range of evidence presented.

(2)Where the words “rents” and “profits” are commonly understood, an instruction regarding damages in an unlawful detention action was not a roving commission.

Judgment is affirmed.

Community Bank of Raymore v. Patterson Oil Co., Inc. (MLW No. 67490/Case No. WD77275 – 14 pages) (Missouri Court of Appeals, Western District, Pfeiffer, J.) Appealed from circuit court, Cass County, Lange, J. (Greer S. Lang and Justin Nichols, Kansas City, Missouri, for respondent) (John M. Duggan and Deron A. Anliker, Overland Park, Kansas, for appellant).

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