Tracy v. Union Iron Works
Missouri Court of Appeals
Appeal from Jackson Circuit Court, Hon. Turner A. Gill, Judge. Statement of casé by the court. This is an action to recover rent alleged to be due on a written contract of lease. The lease was for one year, from May 1, 1884, at an annual rent of one thousand dollars, payable in monthly instalments. This action is to recover for the last sis months of the year.
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Appeal from Jackson Circuit Court, Hon. Turner A. Gill, Judge. Statement of casé by the court. This is an action to recover rent alleged to be due on a written contract of lease. The lease was for one year, from May 1, 1884, at an annual rent of one thousand dollars, payable in monthly instalments. This action is to recover for the last sis months of the year. The written contract is as follows: “This article of agreement witnesseth: That H. W. Tracy has this day rented to the Union Iron Works Company, of Decatur,'Illinois, in the present condition thereof, the upper story of his…
1Dissent
Philips, P. J.,
Dissenting. — I am unable to concur in the opinion of the majority of the court. The new matter pleaded in the answer properly belongs to that character of anterior and contemporaneous agreements and promises on the part of the landlord, which show a collateral promise, or express assurance by the landlord to have done a certain other thing,, not named in the writing, but collateral to the- thing demised, whereby the tenant is induced to execute the written contract without the inducing matter being incorporated in it, and without which assurance and promise the tenant would…
2Cases cited8 opinions
- Insurance Co. v. WilkinsonSupreme Court of the United States · 1872
- Insurance Co. v. MowrySupreme Court of the United States · 1878
- Brown v. BowenSupreme Court of Missouri · 1886
- Basshor v. ForbesCourt of Appeals of Maryland · 1872
- Murray v. DakeCalifornia Supreme Court · 1873
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