Clemens v. Broomfield
Supreme Court of Missouri
Jlppeal from St. Louis Circuit Court. This was an action begun before a justice of the peace by Clemens against Broomfield, to recover rent for one month and a half ending August 16, 1850. There being a judgment for the pic.intiff before the justice, the defendant appealed to the Circuit Court.
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Jlppeal from St. Louis Circuit Court. This was an action begun before a justice of the peace by Clemens against Broomfield, to recover rent for one month and a half ending August 16, 1850. There being a judgment for the pic.intiff before the justice, the defendant appealed to the Circuit Court. At the trial, the plaintiff read in evidence the following instrument of writing : 1 ‘ I have leased from James Clemens, jr., for one year, with the privilege of five, to commence on the first day of April, in the year one thousand eight hundred and forty-eight, (1848,) that brick house and lot on…
1Opinion of the CourtGamble, Judge
1. The instrument produced by the plaintiff as a lease to the defendant, Broomfield, appears to be signed and sealed only by the defendant, and on its face, it has no language'or expression purporting to be the language of Clemens. It contains no grant from him of any interest in the premises demised ; and although Broomfield recites that he had leased the premises from Clemens, this may as well mean that the demise was by parol as by written lease. -The instrument produced is not itself a lease. Marlow v. Wiggins, 3 Gale & Dav. 504. Richardson v. Gifford, 1 A. & E. 55. Although a lease may…
2Cited by18 opinions
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- Silvey v. SummerSupreme Court of Missouri · 1875
- Huling v. RollMissouri Court of Appeals · 1891
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