Legal Opinion

McClintock v. Joyner

Mississippi Supreme Court

Decided March 15, 1900PublishedCited by 6 opinions

From the circuit court of Washington county. Hon. F. A. Montgomery, Judge. McClintock, the appellant, was the plaintiff in the court below; Mrs. Joiner, the appellee, was defendant there. The facts are stated in the opinion of the court. The lease should not be construed to be “a personal privilege” in J. W. McClintock, the original lessee, which could not be assigned. The lease contains no restrictions or limitations whatever.

Read the full summary

From the circuit court of Washington county. Hon. F. A. Montgomery, Judge. McClintock, the appellant, was the plaintiff in the court below; Mrs. Joiner, the appellee, was defendant there. The facts are stated in the opinion of the court. The lease should not be construed to be “a personal privilege” in J. W. McClintock, the original lessee, which could not be assigned. The lease contains no restrictions or limitations whatever. “The right of renewal constitutes a part of the tenant’s interest in the land, and, unless restricted, may be sold or assigned by him, and the benefit of the covenant…

1Opinion of the CourtTerral, J.

The appellee addressed to the assignor of appellant the following letter:

“BeLZONI, WASHINGTON COUNTY, Miss., Nov. 1, 1896.
"J. W. McGlmtock:
“Dear Sib — In consideration of the monthly payment of twenty dollars payable on the first day of each month, I will lease you my two-story frame storehouse on lot number five, north of Wain street, for a term of three years, commencing with the first day of November, 1896, and with the privilege of your renting for a second term of three or five years at the same price, the above being the same storehouse built by R. L. Edwards during the months of…

2Cited by6 opinions

  1. National Coal Co. v. OverholtWest Virginia Supreme Court · 1917
  2. Freiheit v. BrochSupreme Court of Connecticut · 1922
  3. Indian Head Mills v. HamiltonSupreme Court of Alabama · 1924
  4. Barbee v. . GreenbergSupreme Court of North Carolina · 1907
  5. Blount v. ConnollyMissouri Court of Appeals · 1905

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API