McMorris v. Keeley Real Estate Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Mon. Wm. M. Kinsey, Judge. (1) If there was a conflict of evidence as to intention in the execution of the written document, it was proper to submit the question of intention to the jury, There being no evidence that the parties did not intend an actual transfer, and the purpose of the parties in the execution and delivery of the written document being gathered exclusively from the construction of the instrument, the intention was…
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Appeal from St. Louis City Circuit Court. — Mon. Wm. M. Kinsey, Judge. (1) If there was a conflict of evidence as to intention in the execution of the written document, it was proper to submit the question of intention to the jury, There being no evidence that the parties did not intend an actual transfer, and the purpose of the parties in the execution and delivery of the written document being gathered exclusively from the construction of the instrument, the intention was a matter of law for the court, and not for the jury. The verdict was against the evidence. 1 Thompson on Trials, secs.…
1Opinion of the CourtG-Oode, J.
An action on a covenant in a lease for taxes for the years 1906 and 1907, which the lessee and his assigns were hound by the covenant to pay. The defense is that defendant company is not in privity of estate with the original lessee and hence not hound; by the covenant. Henry A. Cunningham was the original lessorj Greo. M. Keeley the original lessee, and the premises are two three-story buildings in the city of St. Louis on Chestnut street. The term was for twenty years commencing March 18,1890, and expiring: *671March 18, 1910, at an annual rental of twelve hundred dollars for the first half of…
2Cases cited3 opinions
- McLean v. CaldwellTennessee Supreme Court · 1901
- Springer v. Chicago Real Estate Loan & Trust Co.Illinois Supreme Court · 1903
- Estate v. GieslerMissouri Court of Appeals · 1898
3Cited by2 opinions
- South Lakeview Plaza v. Citizens National Bank of Greater St. LouisMissouri Court of Appeals · 1985
- Jack Burton Management Co. v. American National InsuranceDistrict Court, E.D. Missouri · 1999