Messerly v. Mercer
Missouri Court of Appeals
Appeal from the Pettis Circuit Court. — Hon. John R. Bothwell, Special Judge. The undisputed facts show that the consideration to the defendant was not only the furnished room, but the personal services of the attendant, together with supplying by plaintiff of the coal, water, toilet articles and all other such necessary supplies and conveniences, from which facts there arose between the parties in law the relation of lodging-house keeper and lodger, and not that of landlord…
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Appeal from the Pettis Circuit Court. — Hon. John R. Bothwell, Special Judge. The undisputed facts show that the consideration to the defendant was not only the furnished room, but the personal services of the attendant, together with supplying by plaintiff of the coal, water, toilet articles and all other such necessary supplies and conveniences, from which facts there arose between the parties in law the relation of lodging-house keeper and lodger, and not that of landlord and tenant as provided by the terms of section 6371, Revised Statutes, 1889. Bouvier’s Law Dictionary; Burrill’s Law…
1Opinion of the CourtEllison, J.
— This action is for a month’s rent of a room. The judgment below was for plaintiff. The ■defendant did not occupy for the month sued for, and he was held liable on the theory that he was a tenant, and that he failed to give the statutory notice of his intention to quit. There was evidence tending to show that plaintiff leased the building, in which was the room in controversy, for a term of years, and that he ■occupied the lower part as a general store; the other floors were divided into rooms, which, including the room in question, were in charge of a female housekeeper employed by…
2Cases cited2 opinions
- White v. MaynardMassachusetts Supreme Judicial Court · 1872
- Cochrane v. TuttleIllinois Supreme Court · 1874
3Cited by4 opinions
- Marden v. RadfordMissouri Court of Appeals · 1935
- Mathews v. LivingstonSupreme Court of Connecticut · 1912
- Fox v. Windemere Hotel Apartment Co.California Court of Appeal · 1916
- Tamamian v. GabbardDistrict of Columbia Court of Appeals · 1947