Green v. Kroeger
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. The court erred in its charge that, under the clause in the lease requiring defendants to pay double rent for such time as they would hold over, they could terminate the relation of landlord and tenant on any day after the expiration of their lease, by paying double rent up to such day. 1 Wood on Landlord and Tenant [2 Ed.], pp. 37, 125; 1 Taylor on Landlord and Tenant [8 Ed.], 24, sec. 22; 2 R. S.…
Read the full summary
Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. The court erred in its charge that, under the clause in the lease requiring defendants to pay double rent for such time as they would hold over, they could terminate the relation of landlord and tenant on any day after the expiration of their lease, by paying double rent up to such day. 1 Wood on Landlord and Tenant [2 Ed.], pp. 37, 125; 1 Taylor on Landlord and Tenant [8 Ed.], 24, sec. 22; 2 R. S. 1889, 1501, sec. 6367; Clark on Contracts, p. 595; 2 Taylor’s Landlord and Tenant [8 Ed.], 119,121, sec. 524; Drey v.…
1ConcurrenceRombauer, J.
(concurring). — The main contentions of the appellant are twofold. The first is that the provision in the lease in regard to the payment of double rent can not change. the general law on that subject which nfakes it optional with the lessor to fix the character of the holding over by the lessee, and the next is that there was no evidence of a complete surrender of the premises.
In support of the first point the appellant relies on the proposition that the clause in regard to double rent is the mere insertion of the statutory provision on that subject, and hence the contract is necessarily the *627s…
2Cases cited1 opinion
- Deaver v. RandallMissouri Court of Appeals · 1878