Legal Opinion

Sander v. Holstein Commission Co.

Missouri Court of Appeals

Decided December 11, 1906PublishedCited by 5 opinions

Appeal from St. Louis City Circuit Court. — No». Matt. Cf. Reynolds, Judge. (1) The court erred in refusing to give to the jury defendant’s instruction at the end of plaintiff’s case, which instruction was in the nature of a demurrer to the plaintiff’s evidence. Yeg'dy v. Rohinson, 20 Mo. App. 199; Witte v. Quin, 38 Mo.

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Appeal from St. Louis City Circuit Court. — No». Matt. Cf. Reynolds, Judge. (1) The court erred in refusing to give to the jury defendant’s instruction at the end of plaintiff’s case, which instruction was in the nature of a demurrer to the plaintiff’s evidence. Yeg'dy v. Rohinson, 20 Mo. App. 199; Witte v. Quin, 38 Mo. App. 681. (2) The court erred in refusing to give to the jury defendant’s instruction No. 1. Curby v. Rook & Stationery CO'., 76 Mo1. App. 506; Drey v. Doyle, 99 Mo. 407; Boynton v. Bodwell, 113 Mass. 531. (3) The court erred in refusing to give to the jury defendant’s…

1Opinion of the CourtBland, P. J.

In September, 1903, the defendant (a corporation) was a tenant of the plaintiff from month to month occupying a store room, known as 807 and 809 N. Third street, city of St. Louis, at a rental of one hundred and twenty-five dollars per month. About September 25th or 26th, defendant’s secretary asked the plaintiff to reduce the rent. Plaintiff refused to reduce the rent, and the secretary said, “We will have to look for some other place.” Plaintiff replied, .“if that is your intention, I cannot hold you.” A few days later, but before the end of the month, plaintiff told defendant’s officers…

2Cases cited5 opinions

  1. Huling v. RollMissouri Court of Appeals · 1891
  2. Livermore & Cooley v. Eddy's AdministratorSupreme Court of Missouri · 1863
  3. Churchill v. LammersMissouri Court of Appeals · 1895
  4. Gerhart Realty Co. v. BrechtMissouri Court of Appeals · 1904
  5. Duffy v. DayMissouri Court of Appeals · 1890

3Cited by5 opinions

  1. D. A. Schulte, Inc. v. HaasMissouri Court of Appeals · 1926
  2. Rauth v. DennisonMissouri Court of Appeals · 1962
  3. Producers Packing Co. v. FischerMissouri Court of Appeals · 1926
  4. Shattlock Realty Co. v. MaysMissouri Court of Appeals · 1933
  5. Sanford v. McGinnisMissouri Court of Appeals · 1922

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