Finnerty v. Hoppe
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuillin, Judge. (1) The relation of landlord and tenant under the evidence never.existed, and there could be no recovery for debt or rent under the lease. Defendant never was in or had possession of the premises. Cherokee Assn. v. Land Co., 138 Mo. 394; Kean v. Kolkschneider, 21 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Eugene McQuillin, Judge. (1) The relation of landlord and tenant under the evidence never.existed, and there could be no recovery for debt or rent under the lease. Defendant never was in or had possession of the premises. Cherokee Assn. v. Land Co., 138 Mo. 394; Kean v. Kolkschneider, 21 Mo. App. 539. (2) Plaintiff could not split an action for a total breach of the contract and maintain a suit each month, where as in this case defendant was never in possession of the property and the plaintiff never parted with anything. There was only one…
1Opinion of the CourtNortoni, J.
This is a sfi.it for an installment of rent accrued under a written lease. Plaintiff recovered and defendant prosecutes the appeal.
Tt appears plaintiff owned a building and equipment in St. Louis, occupied and used as a skating rink *517and leased the same to defendant by an instrument of writing for a period of six months at a stipulated rental of eighteen hundred dollars, payable in installments of three hundred dollars each on the first day of each and every month in advance. On November eleventh the parties came to an agreement and executed the lease by affixing their signatures thereto. The…
2Cases cited3 opinions
- Becar v. . FluesNew York Court of Appeals · 1876
- Hughes v. HoodSupreme Court of Missouri · 1872
- Puckett v. National Annuity Ass'nMissouri Court of Appeals · 1908
3Cited by6 opinions
- 8182 Maryland Associates, Ltd. Partnership v. SheehanSupreme Court of Missouri · 2000
- Kelley v. City of Cape GirardeauMissouri Court of Appeals · 1933
- Curry v. LaFonMissouri Court of Appeals · 1911
- Luce v. MinardSupreme Court of Vermont · 1913
- Citizens & Southern National Bank v. Bill L. Bruce and Donald R. Ham, D/B/A Bruce Properties CompanyCourt of Appeals for the Eighth Circuit · 1977
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