Shoemaker v. Crawford
Missouri Court of Appeals
Appeal from the Cooper Circuit Court. — Hon. D. W. Shackleford, Judge. (1) The rule of damages which allows the difference between the actual rental value of leased premises and the rent reserved, applies exclusively to actions for the breach of lease contracts. This is self-evident. 3 Sedgwick on Damages [8 Ed.], sec. 1022, p. 211; 1 Sedgwick on Damages [8 Ed.], sec. 185, p. 269. (2) Such rule is therefore inapplicable to this case.
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Appeal from the Cooper Circuit Court. — Hon. D. W. Shackleford, Judge. (1) The rule of damages which allows the difference between the actual rental value of leased premises and the rent reserved, applies exclusively to actions for the breach of lease contracts. This is self-evident. 3 Sedgwick on Damages [8 Ed.], sec. 1022, p. 211; 1 Sedgwick on Damages [8 Ed.], sec. 185, p. 269. (2) Such rule is therefore inapplicable to this case. The contract sued on, being for the letting of land upon shares, was not a lease. 1 Washburn on Real Property [4Ed.], see. 365, p. 572; Moser v. Lower, 48 Mo.…
1Opinion of the CourtSmith, P. J.
It is the well-settled rule of law in this state that where a lessor fails to give possession of the leased premises, the measure of damages is the difference- between the actual rental value and the rent reserved. Hughes v. Hood, 50 Mo. 350; Huiest v. Marx, 67 Mo. App. 418.
But this rule is without application in the present case for here the evidence tends to show that the plaintiff and defendant entered into a verbal agreement by which the l-atter agreed to furnish the former 50 acres of corn land for the cropping season of 1898, to be cultivated on the shares. There was some evidence…
2Cases cited10 opinions
- Taylor v. . BradleyNew York Court of Appeals · 1868
- Hughes v. HoodSupreme Court of Missouri · 1872
- Moser v. LowerMissouri Court of Appeals · 1892
- Huiest v. MarxMissouri Court of Appeals · 1896
- Stewart v. PattonMissouri Court of Appeals · 1896
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3Cited by5 opinions
- Carlson v. BainSupreme Court of Colorado · 1947
- Woodward v. BlanchettWashington Supreme Court · 1950
- Pearson v. LaffertyMissouri Court of Appeals · 1917
- Jenkins v. WomachMissouri Court of Appeals · 1910
- Haggard v. WalkerMissouri Court of Appeals · 1908