Quinette v. Carpenter
Supreme Court of Missouri
I. That the tenant is presumed in holding over to hold according to terms of preceding lease, is evident. (Opinion of Lord Ellenborough in Boraston v. Creen, 16 East. 71 ; Doe on dem. Riggs v. Bell, 5 T. R. 471.) II. That tenant was liable to the end of month in which he quit, (10 Mo. 601; 19 Mo. 132.) In fact both of the above principles are too plain to need authorities; they will be found in all the elementary works.
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I. That the tenant is presumed in holding over to hold according to terms of preceding lease, is evident. (Opinion of Lord Ellenborough in Boraston v. Creen, 16 East. 71 ; Doe on dem. Riggs v. Bell, 5 T. R. 471.) II. That tenant was liable to the end of month in which he quit, (10 Mo. 601; 19 Mo. 132.) In fact both of the above principles are too plain to need authorities; they will be found in all the elementary works. The second instruction needs no argument or authority to support it. The third instruction of plaintiff was right. (Tay. Land. & Ten. 84, ed. 1844.)
1Opinion of the CourtDryden, Judge
This was a suit for three months’ rent ending the 22d of March, 1861, of a farm alleged to have been leased by the plaintiff to the defendant for a term of years at a fixed money rent, payable monthly, and held over by the lessee after the expiration of his term ; and for damages for breach of a covenant contained in the same lease by which the lessee engaged to take care of and preserve from waste the fruit trees and shrubbery growing on the premises, .and also for damages for removing certain manure and compost from said farm, made thereon during the last year of the defendant’s tenancy.…
2Cited by10 opinions
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