Underwood Typewriter Co. v. Century Realty Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Soto. Daniel D. Fisher, Judge. (1) Although called hv amendment of the second amended petition a subletting the proposed transaction of the Underwood Typewriter Company with the Booklovers Library was according to the legal effect of the undisputed testimony an assignment. Plaintiff proposed to transfer its entire interest in the unexpired lease which would constitute in law an ¿ssignment.
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Appeal from St. Louis City Circuit Court. — Soto. Daniel D. Fisher, Judge. (1) Although called hv amendment of the second amended petition a subletting the proposed transaction of the Underwood Typewriter Company with the Booklovers Library was according to the legal effect of the undisputed testimony an assignment. Plaintiff proposed to transfer its entire interest in the unexpired lease which would constitute in law an ¿ssignment. Railroad v. Railroad, 135 Mo. 190. And might have released plaintiff from further liability and the substitution of a new tenant. Tyler v. Gfuster, 74 Mo. App.…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued on account of a breach of contract. Plaintiff recovered and defendant prosecutes the appeal,
Plaintiff was the tenant of defendant, and as such occupied room No. 309 Century Building, North Ninth street, St. Louis, under a written lease for a term of five years, commencing February 1, 1901, and expiring February 1, 1906. Because of the increment of its business, plaintiff desired to vacate the premises and obtain larger quarters, but by the terms of the lease it was forbidden to underlet the same to another. PIowever, plaintiff’s manager called upon…
2Cases cited6 opinions
- Wiggins Ferry Co. v. Chicago & Alton RailroadSupreme Court of Missouri · 1895
- Kirkpatrick v. DowningSupreme Court of Missouri · 1874
- Underwood Typewriter Co. v. Century Realty Co.Supreme Court of Missouri · 1909
- Nelson v. Hirsch & Sons Iron & Rail Co.Missouri Court of Appeals · 1903
- Underwood Typewriter Co. v. Century Realty Co.Missouri Court of Appeals · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Scullin Steel Co. v. Paccar, Inc.Missouri Court of Appeals · 1986
- City of Springfield v. KochMissouri Court of Appeals · 1934
- Blair International, Ltd. v. Labarge, Inc., Cross-Appellant v. George Zack & Phillip K. Ewbank, Ewbank International Division, Inc., Cross-AppelleeCourt of Appeals for the Eighth Circuit · 1982
- Hicks v. National Surety Co.Missouri Court of Appeals · 1913
- Broadway & Ninety-Fourth Street, Inc. v. C. & L. Lunch Co.City of New York Municipal Court · 1921
4 more not listed; retrieve them via the Exa API.