Legal Opinion

Sterling v. Heiman

Missouri Court of Appeals

Decided October 18, 1904Published

Appeal from St. Louis City Circuit Court.— Hon. W. B. Douglas, Judge. (1) An oral understanding between a landlord’s agent and his tenant by which the tenant is to continue after the expiration of their written lease to store his goods on the city premises and to retain the keys thereto for a certain or uncertain period of time, though without a stipulated rent reserved, operates as a parol lease of such premises for a month at least and is not a license merely.

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Appeal from St. Louis City Circuit Court.— Hon. W. B. Douglas, Judge. (1) An oral understanding between a landlord’s agent and his tenant by which the tenant is to continue after the expiration of their written lease to store his goods on the city premises and to retain the keys thereto for a certain or uncertain period of time, though without a stipulated rent reserved, operates as a parol lease of such premises for a month at least and is not a license merely. It is a lease because it is an “agreement” for the “occupation” of a city building and constitutes a tenancy from month to month…

1Opinion of the CourtGoode, J.

— Action before a justice of the peace, under the landlord and tenant act, to recover $150 rent .alleged to be due for the month from August 10 to September 10, 1902, for the lower floor and the basement of the building on Lucas avenue, St. Louis, known as numbers 701 and 703. Appellant, besides asking judgment for the rent, prayed for the restitution of the premises. The case was appealed from the magistrate’s court to the circuit court and from thence to this court.

William Baggott and his son Amos, who are real *44estate agents in St. Lonis, had the leasing of the premises for Sterling, the…

2Cases cited7 opinions

  1. Hood v. MathisSupreme Court of Missouri · 1855
  2. Cohen v. KylerSupreme Court of Missouri · 1858
  3. Lewis v. PerrySupreme Court of Missouri · 1899
  4. Hammon v. DouglasSupreme Court of Missouri · 1872
  5. Smith v. Smith Bros.Missouri Court of Appeals · 1895

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