L'Hussier v. Zallee
Supreme Court of Missouri
Error' to St, Louis Land Court. This was an action of unlawful detainer, originally commen» ced before a justice of the peace. The justice having dismissed the complaint, an appeal was taken to the Land Court. The cause was tried by the court sitting as a jury. The court found for plaintiff. Defendant moved in arrest of judgment for the insufficiency of the complaint or petition. This motion having been overruled, the cause was brought to this court by writ of error.
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Error' to St, Louis Land Court. This was an action of unlawful detainer, originally commen» ced before a justice of the peace. The justice having dismissed the complaint, an appeal was taken to the Land Court. The cause was tried by the court sitting as a jury. The court found for plaintiff. Defendant moved in arrest of judgment for the insufficiency of the complaint or petition. This motion having been overruled, the cause was brought to this court by writ of error. The facts, as they are set forth in the petition, are as follows : L’Hussier leased to Zallée certain premises, being the third…
1Opinion of the CourtScott, Judge
This judgment will be reversed. The plaintiff, by his complaint, shows that he has no right of action. He had conveyed all his interest. The right to sue for the recovery of the possession of the premises was in the plaintiff’s alienee. Upon the conveyance to him, he had his option, either to bring ejectment against Zallée, or to sue L’Hussier for damages resulting from his breach of contract in not putting him in possession of the premises conveyed. Until the alienee of the plaintiff had made his election, the plaintiff could not move in the matter. If the alienee had sued the plaintiff for…
2Cited by8 opinions
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- Herpolsheimer v. ChristopherNebraska Supreme Court · 1906
- King v. ReynoldsSupreme Court of Alabama · 1880
- Adrian v. RabinowitzSupreme Court of New Jersey · 1936
- Hannan v. DuschSupreme Court of Virginia · 1930
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