Patterson v. Missouri Glass Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Pembrook R. Elitcraft, Judge. The action of the court in refusing to give plaintiff’s instruction was proper. Shockley v. Fisher, 21 Mo. App. 551; Van Riper v. Morton, 61 Mo. App. 440. The instruction given for the defendant, marked 3, was properly given.
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Appeal from the St. Louis City Circuit Court. — Hon. Pembrook R. Elitcraft, Judge. The action of the court in refusing to give plaintiff’s instruction was proper. Shockley v. Fisher, 21 Mo. App. 551; Van Riper v. Morton, 61 Mo. App. 440. The instruction given for the defendant, marked 3, was properly given. Murdoch v. Milner, 84 Mo. 96; Grady v. O’Reilly, 116 Mo. 346; Montgomery Co. v. Robinson, 85 111. 174; Noyes v. Landon, 59 Yt. 569; Mech. on Ag’cy, sec. 469, and citations. Nothing will discharge a covenant in a lease but a performance or a release under a seal. Especially is this the rule…
1Opinion of the CourtBond, J.
This suit is to recover of defendant certain premiums for the insurance of a building leased by plaintiff to defendant for a term of ten years, upon a covenant by the lessee to pay the premiums for the insurance of the property to be taken out by the lessor, to the extent of eighty per cent of its value. There was a trial before the justice and an appeal to the circuit court, where the cause was submitted to the judge sitting as a jury. It was shown for plaintiff that her real estate agents procured the insurance of the property in reliable companies, at what were known as board rates, which…
2Cited by2 opinions
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- Morley v. City of St. JosephMissouri Court of Appeals · 1905