Charless v. Froebel
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Host. Jacob Klein, Judge. The assignment of the lease, with, the consent of the lessor, and the acceptance of rent from the assignee by the lessor, relieved the lessee of all further liability under the lease. 2 Wood on Landlord & Tenant, p. 741, sec. 337, et seg.; p. 1354, sec. 553; Thursby v. Plant, 1 Saunders, p. 240, and- note; Wadham v. Marlowe, 8 East, 816; Taylor on Landlord & Tenant, sec. 438 ; Clemens r.
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Appeal from the St. Louis City Circuit Court. — Host. Jacob Klein, Judge. The assignment of the lease, with, the consent of the lessor, and the acceptance of rent from the assignee by the lessor, relieved the lessee of all further liability under the lease. 2 Wood on Landlord & Tenant, p. 741, sec. 337, et seg.; p. 1354, sec. 553; Thursby v. Plant, 1 Saunders, p. 240, and- note; Wadham v. Marlowe, 8 East, 816; Taylor on Landlord & Tenant, sec. 438 ; Clemens r. Bloomfield,, 19 Mo. 121; Matthews v. Tobener, 39 Mo. 115; Hutcheson v. Jones, 79 Mo. 496; Prior v. Kiso, 81 Mo. 241; Koenig v. Miller,…
1Opinion of the CourtBiggs, J.
Where there is a lease for a term of years which contains an express covenant on the part of the lessee to pay the rent reserved, will the mere assent of the lessor to an assignment of the lessee’s interest in the lease, and the receipt by him from the assignee of a portion of the subsequently accruing rents furnish any evidence of a novation, or the release of the lessee from his obligation to pay rent? We have such a state of facts here, and the question suggested is the only one involved.
On the first day of January, 1889, the plaintiff leased to the defendant for the period of three years…
2Cases cited7 opinions
- Kerr v. ClarkSupreme Court of Missouri · 1853
- Clemens v. BroomfieldSupreme Court of Missouri · 1853
- Pfaff v. GoldenMassachusetts Supreme Judicial Court · 1879
- Prior v. KisoSupreme Court of Missouri · 1883
- Whetstone v. McCartneyMissouri Court of Appeals · 1888
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3Cited by3 opinions
- Heller v. DaileyIndiana Court of Appeals · 1902
- Hoelzel v. Kelly and DuffyMissouri Court of Appeals · 1927
- Sanford v. McGinnisMissouri Court of Appeals · 1922