Gates v. Steckel
Missouri Court of Appeals
Writ of Error to Jasper County Circuit Court. Division Number One—Hon. Joseph D. Perkins, Judge. (1) A license is a contract, and a licensee has a right to enjoy it as long as he complies with its terms. Boone v. Stover, 66 Mo. 430; Sheppard v. Drake, 61 Mo. App. 134; Mining Co. v. Felton, 78 Mo. App. 210'; Lytle v. James, 98 Mo. App. 342; Mining Co. v. Mining Co., 106 Mo.
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Writ of Error to Jasper County Circuit Court. Division Number One—Hon. Joseph D. Perkins, Judge. (1) A license is a contract, and a licensee has a right to enjoy it as long as he complies with its terms. Boone v. Stover, 66 Mo. 430; Sheppard v. Drake, 61 Mo. App. 134; Mining Co. v. Felton, 78 Mo. App. 210'; Lytle v. James, 98 Mo. App. 342; Mining Co. v. Mining Co., 106 Mo. App. 66. (2) It makes little difference in this case whether the contract introduced in evidence is a lease- or license. It is reduced to writing, and was to remain in force for five years, and could only be forfeited upon…
1Opinion of the CourtSturbis, J.
In this equitable proceeding the trial court after hearing all the evidence set aside a forfeiture of a mining license made by the defendants, Hough and wife, to the plaintiff Hattie Bates and her associates. Hough and wife as owners of the land granted to plaintiffs a license to mine thereon for a term of five years from October 12, 1911, and declared the same forfeited on December 7, 1911, and thereby terminated the right of said licensees to further mine on said land. The defendant licensors sought in the trial court to justify their action in this respect on the grounds that plaintiffs…
Also in this document: Concurrence.
2Cases cited7 opinions
- Garnhart v. FinneySupreme Court of Missouri · 1867
- Boone v. StoverSupreme Court of Missouri · 1877
- Hawes v. FavorIllinois Supreme Court · 1896
- Joplin Supply Co. v. WestMissouri Court of Appeals · 1910
- E. H. Powers Shoe Co. v. Odd Fellows Hall Co.Missouri Court of Appeals · 1908
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3Cited by2 opinions
- Walker Grain Co. v. Denison Mill & Grain Co.Court of Appeals of Texas · 1915
- Concrete Engineering Co. v. Grande Building Co.Missouri Court of Appeals · 1936