Delmar Investment Co. v. Blumenfield
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Now. O’Neill Ryan, Judge. (1) Tbe use made by tbe Feldmau Pants Manufacturing Company of tbe premises from May, 1904, until after July 12,1904, on wbicb day defendants vacated the premises, was a breach of the lessor’s covenant not to lease or allow any portion of the premises not in possession of defendants to be used for manufacturing or the sale of clothing, and constituted a constructive eviction as a matter of law.
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Appeal from St. Louis City Circuit Court. — Now. O’Neill Ryan, Judge. (1) Tbe use made by tbe Feldmau Pants Manufacturing Company of tbe premises from May, 1904, until after July 12,1904, on wbicb day defendants vacated the premises, was a breach of the lessor’s covenant not to lease or allow any portion of the premises not in possession of defendants to be used for manufacturing or the sale of clothing, and constituted a constructive eviction as a matter of law. Wheeler v. Earle, 5 Cush. 31; Miller v. Prescott, 163 Mass. 12; Ex. parte Eyston, ,7 Law Rep. (Ch. Div.) 145; Roffey v. Bent, 3 L.…
1Opinion of the Court
GOODE, J. —
This is an action for an installment of rent due January 1, 1905, for the use by appellants as tenants of the second and third stories of a building in the city of St. Louis, designated as Nos. 1819 and 1821 Washington avenue. The demand was filed with a justice of the peace and an appeal taken to the circuit court where, on a trial anew, judgment was given for respondent and appellants appealed to this court. Respondent is an incorporated company and at present the owner of the building in which are the leased stories. When the lease was executed the building was owned by…
2Cases cited9 opinions
- Barrett v. BoddieIllinois Supreme Court · 1895
- Etheridge v. OsbornNew York Supreme Court · 1834
- Seaboard Realty Co. v. FullerAppellate Terms of the Supreme Court of New York · 1900
- Wright v. LattinIllinois Supreme Court · 1865
- Jackson v. EddySupreme Court of Missouri · 1848
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3Cited by5 opinions
- Yaffe v. American Fixture, Inc.Supreme Court of Missouri · 1961
- Dolph v. BarryMissouri Court of Appeals · 1912
- French v. PettingillMissouri Court of Appeals · 1907
- Wood v. GablerMissouri Court of Appeals · 1934
- Huggins v. JasperMissouri Court of Appeals · 1908