Nagel v. League
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. JohnM. Wood, Judge. Any recognition of a tenancy as subsisting after a right of entry has accrued and the lessor has notice of the facts, will have the effect of a waiver of the forfeiture, which can not thereafter be asserted. Garnhart v. Finney, 40 Mo. 449, 460; 2 Platt on Leases, 468; Horn v. Peteler, 16 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. JohnM. Wood, Judge. Any recognition of a tenancy as subsisting after a right of entry has accrued and the lessor has notice of the facts, will have the effect of a waiver of the forfeiture, which can not thereafter be asserted. Garnhart v. Finney, 40 Mo. 449, 460; 2 Platt on Leases, 468; Horn v. Peteler, 16 Mo. App. 438, 440; Conger v. Burgee, 90 N. T. 600; Murray v. Harway, 56 Id. 342. See, also, Camp v. Scott, 47 Conn. 366, 371; Jackson-v. Sheldon, 5 Cow. 448, 454,455; McKildoe v. JDarrscott, 13 Gratt. 27. No ground of forfeiture save…
1Opinion of the CourtBond, J.
Plaintiff demised the. premises in question to defendant by lease dated May 21, 1895, for a term of five years, at $91.66 per month, with certain renewal privileges. The lease provides that the premises should be used only as a livery stable, and contained the following clause: “The destruction of said building by fire, or the elements, or such material injury thereto as to render said premises untenantable for the time being, shall, at the option of said lessor, produce or work a termination of this lease.” The building was injured by the tornado of May 27, 1896. On the nineteenth of June,…
2Cases cited2 opinions
- Farwell v. EastonSupreme Court of Missouri · 1876
- Mooers v. MartinSupreme Court of Missouri · 1889
3Cited by7 opinions
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- Lucas Hunt Village Co. v. KleinSupreme Court of Missouri · 1949
- Union Gas Oil Company v. GillemCourt of Appeals of Kentucky (pre-1976) · 1925
- Weaver Mining Co. v. GuthrieMissouri Court of Appeals · 1915
- Robinson v. CannonSupreme Court of Missouri · 1940
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