Niedelet v. Wales
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. 1. That tibie motion to strike out should have been overruled. If the answer was no defence, the objection should have been taken either by demurrer or by motion for judgment for want of answer. Laws of 1849, p. 80, sec. 9. 2. That the defendants should have been allowed the loss sustained by them, in consequence of the untenantable condition of the premises.
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Appeal from St. Louis Court of Common Pleas. 1. That tibie motion to strike out should have been overruled. If the answer was no defence, the objection should have been taken either by demurrer or by motion for judgment for want of answer. Laws of 1849, p. 80, sec. 9. 2. That the defendants should have been allowed the loss sustained by them, in consequence of the untenantable condition of the premises. Ghitty on Contracts, 7th Am. ed. p. 338, and cases there cited. contended, that the offset was properly stricken out. The covenant to pay rent 'was absolute. No exception is made in the lease…
1Opinion of the CourtGamble, Judge
Niedelet leased to the defendant a warehouse, on Water street, in St. Louis, for three years from the 16th of February, 1850, the rent payable monthly, under an express covenant. He sued them for the rent due in June, July and August of that year. They answered, that the premises, during the months of May, June and July, became untenantable, by reason of water filling the cellar and first story of the house, and by reason of deposits of sand, mud and filth, by which they were put to great trouble and expense in removing their goods and restoring the premises to a tenantable condition, of…
2Cited by4 opinions
- Stifel Estate Co. v. CellaMissouri Court of Appeals · 1927
- Meek v. CunhaCalifornia Court of Appeal · 1908
- Phillips v. EvansSupreme Court of Missouri · 1866
- North v. NelsonSupreme Court of Missouri · 1855