McKee v. Brooks
Supreme Court of Missouri
•Appeal from St. Louis Circuit Court. This was a bill in chancery, filed in 1848, to compel an account for the value of rock, quarried upon premises demised by the complainants to the defendants.
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•Appeal from St. Louis Circuit Court. This was a bill in chancery, filed in 1848, to compel an account for the value of rock, quarried upon premises demised by the complainants to the defendants. The lease contained a clause to the effect that the lessees should have “ the full and perfect right to do all such quarrying, grading, levelling, and make such alterations upon the demised premises as may by them be deemed requisite and proper for carrying on and managing their business.” The cause was referred to a commissioner, who reported the following facts : That the defendants leased the…
1Opinion of the CourtScott, Judge
In our opinion, the contract between the parties gave the rock'quarried to the lessees, and they were under no obligations to account for it to their landlords. The lessees, by the contract, had a full and perfect right to do all such quarrying, grading, levelling, and make such alterations upon the demised premises, as might by them be deemed requisite and proper for carrying on and managing their business. It was found as a fact, that the quarrying done was requisite and proper to put the leased premises in good condition for the business of the lessees. We are at a loss to conceive a…
2Cited by1 opinion
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