Neumeister v. Palmer
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court. Where a tenant holds •over after the term • fixed by oral contract, he is liable for another month’s rent. — Prentiss v. Warne, 10 Mo. 604; Kerr v. Clark, 19 Mo. 134; Livermore v. Eddy, 33 Mo. 550. A surrender of the premises by the tenant is necessary to discharge him. A mere vacation of the premises will not suffice. —Baconv.
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Appeal from the St. Louis Circuit Court. Where a tenant holds •over after the term • fixed by oral contract, he is liable for another month’s rent. — Prentiss v. Warne, 10 Mo. 604; Kerr v. Clark, 19 Mo. 134; Livermore v. Eddy, 33 Mo. 550. A surrender of the premises by the tenant is necessary to discharge him. A mere vacation of the premises will not suffice. —Baconv. Brown, 9 Conn. 334; Quinette v. Carpenter, 35 Mo. 504; Finney v. City, 39 Mo. 181; St. Louis & Iron Mountain R. Co. v. Ludwig, 6 Mo. App. 584; Ames v. Schuessler, 14 Ala. 600 ; Harkins v. Pope, 10 Ala. 498 ; Hammon v. Douglas,…
1Opinion of the CourtHayden, J.
This is an action to recover $16, rent of a house in the city of St. Louis for the month of November, 1878. Under the original parol letting, the defendant had paid $16 a month in advance for six months, up to and including September, 1878. In September the defendant told the plaintiff’s agent that he, the defendant, would move in October, 1878 ; and the agent, waiving notice, consented that the tenancy should terminate on October 1st. On the 28th of September, the plaintiff told the defendant he might take the house for a month, paying $16 in advance, and remaining till the first day of…
2Cases cited3 opinions
- Connecticut Mutual Life Insurance v. AlbertSupreme Court of Missouri · 1866
- Quinette v. CarpenterSupreme Court of Missouri · 1865
- Hammon v. DouglasSupreme Court of Missouri · 1872
3Cited by1 opinion
- Providence County Savings Bank v. HallSupreme Court of Rhode Island · 1888