Sullivan v. Lueck
Missouri Court of Appeals
Appeal from Pettis Circuit Court. — Hon. Geo. F. Longan, Judge. (1) The court erred in refusing the defendant’s first instruction in the nature of a demurrer to the evidence. Because the allegations of the complaint bring the case clearly within the provisions of section 4131 of the statute of 189-9. Revised Statutes 1899, secs. 4131, 4136, 4137 and 4138; Duke v. Compton, 49 Mo. App. 310; Winkelmeier v. Katzenburger, 77 Mo.
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Appeal from Pettis Circuit Court. — Hon. Geo. F. Longan, Judge. (1) The court erred in refusing the defendant’s first instruction in the nature of a demurrer to the evidence. Because the allegations of the complaint bring the case clearly within the provisions of section 4131 of the statute of 189-9. Revised Statutes 1899, secs. 4131, 4136, 4137 and 4138; Duke v. Compton, 49 Mo. App. 310; Winkelmeier v. Katzenburger, 77 Mo. App. 220. (2) The court erred in refusing said instruction for the reason, that the evidence shows that at the time the demand for rent was made and the deed exhibited to…
1Opinion of the CourtSmith, P. J.
Eliza Sullivan was the owner of a small-farm which she leased to the defendant for the term of three years and by the provisions of the lease the rent thereby reserved was payable semiannually, “one-half to-be paid in August and the other half before the year expires, from March, 1, 1902, to March 1, 1905.” On November 10, 1902, Mrs. Sullivan by-deed of that date conveyed the léased land to defendant. In the following month (.December), the plaintiff notified the defendant of his acquisition of the title to said land so leased and that he claimed the rent to become due, the latter’s lease…
2Cases cited3 opinions
- Duke v. ComptonMissouri Court of Appeals · 1892
- Anselm v. GrobyMissouri Court of Appeals · 1895
- Winkelmeier v. KatzelburgerMissouri Court of Appeals · 1898