Kennedy v. Watts
Missouri Court of Appeals
Appeal from Greene Circuit Court. — No». Alfred Page, Judge. (1) Damages to the leased building, caused by unavoidable casualty, is a, just cause of reduction of rent.
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Appeal from Greene Circuit Court. — No». Alfred Page, Judge. (1) Damages to the leased building, caused by unavoidable casualty, is a, just cause of reduction of rent. Hinsdale v. McClure (Iowa), 113 N. W. 478; 10 Cyc., 572, 576; Brown Land Co. v. Leham (Iowa), 112 N. W. 185; Taylor’s Landlord & Tenant (6 Ed.), sec. 374; Ives v. Van Epps, 22 Wend. 165; Rob v. McAlister, 8 Wend. 109; Mills v. Boehrs, 24 Wend. 254; Phyfe v. Elmer, 45 N. Y. 102; Dermott v. Jones, 23 How. 235. (2) Counterclaim or recoupment means a cutting bach on the plaintiff’s- claim by the defendant. Applicable to a cause…
1Opinion of the CourtNixon, P. J.
This was an action by the respondent, a landlord, against his tenant, Fred L. Watts, upon a written lease. The lease is after the usual and standard forms used in renting business houses except as hereinafter stated.
The petition contained two counts, the first claiming two months’ unpaid rent in the sum of two hundred and ten dollars. The second count was abandoned. The defendant in his answer admitted the execution of the lease and its terms, and for counterclaim stated that during the existence of the lease, a windstorm of great velocity and violence struck the city of Springfield where the…
2Cases cited4 opinions
- Lincoln Trust Co. v. NathanSupreme Court of Missouri · 1903
- O'Neil v. FlanaganMissouri Court of Appeals · 1895
- Sedalia Planing Mill & Lumber Co. v. Swift & Co.Missouri Court of Appeals · 1908
- Spalding v. MunfordMissouri Court of Appeals · 1889
3Cited by6 opinions
- Plate Glass Underwriters' Mutual Insurance v. Ridgewood Realty Co.Missouri Court of Appeals · 1925
- Blanchon v. Kellerstrass Distilling Corp.Missouri Court of Appeals · 1919
- Japhet v. PolemanakosCourt of Appeals of Texas · 1913
- Lesser v. KlineSupreme Court of Connecticut · 1925
- Neff v. American Steel & Wire Co.Missouri Court of Appeals · 1923
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