Legal Opinion

Spalding v. Munford

Missouri Court of Appeals

Decided May 31, 1889PublishedCited by 5 opinions

Appeal from the St. Louis City Circuit Court. — Hon. ■ Daniel Dillon, Judge. (1) The fire clause in this lease should not be held' to mean a total destruction of the rented premises. May on Insurance [2 Ed.] sec. 421a. . “Total loss” means when the building has lost its identity and specific character as a building. The question as to the destruction of the leased premises should have been submitted to the jury. Flanders on Fire Insurance [2 Ed.] 605; BrinTcley v. Ins.

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Appeal from the St. Louis City Circuit Court. — Hon. ■ Daniel Dillon, Judge. (1) The fire clause in this lease should not be held' to mean a total destruction of the rented premises. May on Insurance [2 Ed.] sec. 421a. . “Total loss” means when the building has lost its identity and specific character as a building. The question as to the destruction of the leased premises should have been submitted to the jury. Flanders on Fire Insurance [2 Ed.] 605; BrinTcley v. Ins. Co., 9 Met. 195. (2) There was evidence on which to have sustained a verdict for the defendant. It should have been submitted…

1Opinion of the CourtThompson, J.

This is an action for arrears of rent under a lease. The premises consisted of the basement and first and second floors of a four-story building in the city of St. Louis. The lease contained a covenant on the part of the lessee, “ to repair all damages done to the premises during his occupancy, or pay for the same, * * * the usual wear and tear and providential destruction, or destruction by fire, excepted.” It also contained this clause: “ It is 'mutually agreed that, in the event of destruction of said premises by fire, the rent herein agreed upon shall cease.”

The lease was for a term of…

2Cases cited1 opinion

  1. Burnes v. FuchsMissouri Court of Appeals · 1887

3Cited by5 opinions

  1. Tedstrom v. PuddephattSupreme Court of Arkansas · 1911
  2. Kennedy v. WattsMissouri Court of Appeals · 1910
  3. City of Paris Dry Goods Co. v. Spring Valley Water Co.California Court of Appeal · 1909
  4. Gilchrist v. Weil, Joseph & Co.Cuyahoga County Common Pleas Court · 1890
  5. Stanley Drug Co. v. Finance Realty Corp., Pennsylvania Court of Common Pleas, Philadelphia County1931

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