Morey v. Feltz
Missouri Court of Appeals
Appeal from Perry Circuit Court. — Hon. Peter H. Huck, Judge. (1) Tire court erred in refusing instruction number 6 asked by appellant. Under tbe written contract and lease tbe only condition or provision in tbe lease under wbicb respondent was authorized to pay tbe rent otherwise than in money (except tbe rent for the wheat crop) was “in case of overflow or destruction of tbe crops by water.”
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Appeal from Perry Circuit Court. — Hon. Peter H. Huck, Judge. (1) Tire court erred in refusing instruction number 6 asked by appellant. Under tbe written contract and lease tbe only condition or provision in tbe lease under wbicb respondent was authorized to pay tbe rent otherwise than in money (except tbe rent for the wheat crop) was “in case of overflow or destruction of tbe crops by water.” As there was no testimony that any portion of tbe corn crop was overflowed or destroyed by water, appellant was entitled to a peremptory instruction as to all tbe corn land, amounting to seventy-eight…
1Opinion of the CourtAllen, J.
Plaintiff leased to defendant a farm, consisting of approximately one hundred thirty-seven and one-half acres of land, by a written instrument of date April 9, 1910, for a term of four years beginning August 1,1910. It appears that the premises consist of lowlands lying in what is known as Bois Brule Bottom, in Perry county, about a mile from the Mississippi River. The lease, which is a very informal instrument, provides that plaintiff, the party of the first part, rents and leases the farm to the defendant, party of the second part, for the above-mentioned term, “in consideration hereafter…
2Cases cited9 opinions
- Ellis v. HarrisonSupreme Court of Missouri · 1891
- Cole v. ArmourSupreme Court of Missouri · 1900
- Whitmore v. TatumSupreme Court of Arkansas · 1891
- Laclede Construction Co. V. T. J. Moss Tie Co.Supreme Court of Missouri · 1904
- Kessler v. ClayesMissouri Court of Appeals · 1910
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3Cited by6 opinions
- Interior Linseed Co. v. Becker-Moore Paint Co.Supreme Court of Missouri · 1918
- Shoemaker v. JohnsonMissouri Court of Appeals · 1918
- Keyton v. Missouri-Kansas-Texas R. R.Missouri Court of Appeals · 1949
- St. Paul Machinery Manufacturing Co. v. Henry Gaus & Sons Manufacturing Co.Missouri Court of Appeals · 1918
- Abbey v. AltheimerMissouri Court of Appeals · 1924
1 more not listed; retrieve them via the Exa API.