Idalia Realty & Development Co. v. Norman
Supreme Court of Missouri
Error to Stoddard Circuit Court. — Eon. J. L. Fort, Judge. (1) Defendants’ holding under the contract, after the expiration of five years, was a mere tenancy at will and was terminated by the notice to quit. Corby v. McSpadden, 63 Mo. App. 648; McClain v. Abshire, 72 Mo. App. 390; Hobart v. Murray, 54 Mo. App. 255. (2) A lease, which does not have a time certain for its termination is void, and a person holding under it is a mere tenant at will.
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Error to Stoddard Circuit Court. — Eon. J. L. Fort, Judge. (1) Defendants’ holding under the contract, after the expiration of five years, was a mere tenancy at will and was terminated by the notice to quit. Corby v. McSpadden, 63 Mo. App. 648; McClain v. Abshire, 72 Mo. App. 390; Hobart v. Murray, 54 Mo. App. 255. (2) A lease, which does not have a time certain for its termination is void, and a person holding under it is a mere tenant at will. A lease which is to- terminate-upon the removal of a sawmill, there being no time fixed at which the sawmill was to be moved, is such a lease. Corby…
1Opinion of the CourtLamm, J.
Ejectment—the locus, a forty, viz.,, the southeast quarter of the southeast quarter of section 12, township 25, range 11, in Stoddard county. Ouster as of January 2, 1905’. Damages, $100.
The answer was a general denial.
Plaintiff, cast below and adjudged to take nothing by its writ (defendant going hence without day and Recovering his cost), sued out a writ of error and the case is here on that writ.
S. B. Hunter is the common source of title. He owned the property on the 16th day of August, 1899', *666when he executed a contract under which defendant took, held and now holds possession. That…
2Cases cited9 opinions
- W. Trans. Co. of Buffalo v. . LansingNew York Court of Appeals · 1872
- Murray v. CherringtonMassachusetts Supreme Judicial Court · 1868
- Conservative Realty Co. v. St. Louis Brewing Ass'nMissouri Court of Appeals · 1908
- Corby v. McSpaddenMissouri Court of Appeals · 1895
- Colclough v. CarpelesWisconsin Supreme Court · 1895
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- National Bellas Hess, Inc. v. KalisCourt of Appeals for the Eighth Circuit · 1951
- Illinois Cent. R. Co. v. Michigan Cent. R. Co.Appellate Court of Illinois · 1958
- Stanmeyer v. DavisAppellate Court of Illinois · 1944
- Kilbourne v. ForesterMissouri Court of Appeals · 1970
- Hancock v. MaurerSupreme Court of Oklahoma · 1924
8 more not listed; retrieve them via the Exa API.