Huling v. Roll
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. Jas. Gibson, Judge. (1) There was no plea of surrender in this case. Defendants’ answer was a simple allegation of abandonment without any allegation of acceptance by plaintiffs of the premises in discharge of his covenant in the lease to pay the rent for the unexpired term.
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Appeal from the Jackson Circuit Court. — Hon. Jas. Gibson, Judge. (1) There was no plea of surrender in this case. Defendants’ answer was a simple allegation of abandonment without any allegation of acceptance by plaintiffs of the premises in discharge of his covenant in the lease to pay the rent for the unexpired term. Thomas v. Cox, 6 Mo. 506 ; Livermore v. Eddy, 33 Mo.' 547 ; Kerr v. Clark, 19 Mo. 132. (2) By the uniform decision of the supreme court of Missouri it is held that, to constitute a surrender or rescission of a contract of lease, there must be an express mutual agreement…
1Opinion of the CourtSmith, P. J.
The facts, as we glean them from the evidence, are that the plaintiffs leased to defendants their five-story building in Kansas City, by a written lease containing the usual covenants, for the period of seven years from the’ first day of January, 1883 ; that the defendants took possession of the' building under this lease and continued to pay the stipulated amount of rent until January 1, 1887, a short time after their failure in business, which occurred on December 16, 1886. It further appears that the plaintiffs, some time in the month of January, 1887, after the failure of the defendants…
2Cases cited12 opinions
- Beall v. WhiteSupreme Court of the United States · 1877
- Kerr v. ClarkSupreme Court of Missouri · 1853
- Stillwell v. HammSupreme Court of Missouri · 1888
- Smith v. NiverNew York Supreme Court · 1848
- Clemens v. BroomfieldSupreme Court of Missouri · 1853
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3Cited by18 opinions
- Von Schleinitz v. North Hotel Co.Supreme Court of Missouri · 1929
- Zoglin v. LaylandMissouri Court of Appeals · 1959
- Churchill v. LammersMissouri Court of Appeals · 1895
- D. A. Schulte, Inc. v. HaasMissouri Court of Appeals · 1926
- Buck v. LewisMissouri Court of Appeals · 1891
13 more not listed; retrieve them via the Exa API.