Corby v. Brill Book & Stationery Co.
Missouri Court of Appeals
Appeal jrom the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) A notice by a tenant dated and served on June 1, that he will vacate on July 1, is insufficient to terminate a tenancy from month to month. Gfunn v. Sinclair, 52 Mo. 327; Combs v. Trans; Co., 58 Mo. App. 114. (2) Until a sufficient notice is given the tenant is liable, notwithstanding he ceases to occupy the premises. Smith v. Smith' Bros., 62 Mo.
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Appeal jrom the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) A notice by a tenant dated and served on June 1, that he will vacate on July 1, is insufficient to terminate a tenancy from month to month. Gfunn v. Sinclair, 52 Mo. 327; Combs v. Trans; Co., 58 Mo. App. 114. (2) Until a sufficient notice is given the tenant is liable, notwithstanding he ceases to occupy the premises. Smith v. Smith' Bros., 62 Mo. App. 596. (3) In so far as these instructions submit to the jury the question of a surrender, either by agreement or by operation of law, they are wholly without warrant.…
1Opinion of the CourtGill, J.
This is an action by a landlord to recover $112.50 for the monthly rent of a store room in St. Joseph. The pleadings admit that defendant occupied the building on a tenancy from' month to month beginning with April 1, 1897, and that defendant paid the rent for April, May and J une. On the first day of June however defendant gave plaintiff written notice that it would vacate the building on or before July 1, 1897. Defendant did abandon the building before July 1 and the keys were taken to and left at the office of plaintiff’s agent. This suit was brought for the July rent — it being insisted…
2Cases cited3 opinions
- Gunn v. SinclairSupreme Court of Missouri · 1873
- Boynton v. BodwellMassachusetts Supreme Judicial Court · 1873
- Combs v. Midland Transfer Co.Missouri Court of Appeals · 1894
3Cited by4 opinions
- Rauth v. DennisonMissouri Court of Appeals · 1962
- Fischman v. KiphartMissouri Court of Appeals · 1957
- Oesterreicher v. RobertsonSupreme Court of Minnesota · 1932
- Huggins v. JasperMissouri Court of Appeals · 1908