Leggett v. Louisiana Purchase Exposition Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Ho». Jesse A. McDonald, Judge. The common rule invoked by plaintiff in this case is a strict one applicable only where the holding over is a wrongful one, in which event the landlord has the option to treat the tenant, so holding over, either as a trespasser or as a tenant for a term of similar duration.
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Appeal from St. Louis City Circuit Court. — Ho». Jesse A. McDonald, Judge. The common rule invoked by plaintiff in this case is a strict one applicable only where the holding over is a wrongful one, in which event the landlord has the option to treat the tenant, so holding over, either as a trespasser or as a tenant for a term of similar duration. Therefore, consent by the landlord to the holding over, or an election by him to treat the tenant in some other capacity, would prevent the landlord from subsequently holding the tenant for another term of similar duration, (a) If the landlord…
1Opinion of the CourtBland, P. J.
(after stating the facts). — At common law where a tenant for a year or a shorter term holds over after the expiration of his term, the law presumes that he intends to continue the tenancy for the length of his original term and on the same terms in respect to rent, and all that is necessary to complete the contract for a new term is the consent or acquiescence of the landlord. But any new agreement between the landlord and tenant relative to the continued occupancy of the leased premises by the tenant precludes the landlord from charging the tenant with liability for a full term; and where…
2Cases cited1 opinion
- Grant v. WhiteSupreme Court of Missouri · 1868
3Cited by6 opinions
- Millhouse v. Drainage District No. 48 of Dunklin CountyMissouri Court of Appeals · 1957
- Leggett v. Louisiana Purchase Exposition Co.Missouri Court of Appeals · 1911
- Street-Whittington Co. v. SayresCourt of Appeals of Texas · 1915
- Turner v. WilcoxSupreme Court of Oklahoma · 1912
- Iowa Improvement Co. v. Aetna Explosives Co.Supreme Court of Iowa · 1917
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