Legal Opinion

Columbia Brewing Co. v. Miller

Missouri Court of Appeals

Decided April 16, 1907PublishedCited by 3 opinions

Appeal from Jefferson Circuit Court. — Hon. Joseph J. Williams, Judge. (1) The defendant having in the former suit asked and obtained an instruction declaring that he had elected to occupy the premises and pay a rental of one bun-fired and fifty dollars per month, cannot now he permitted to deny that he so elected. Kennedy v. Bambrick, 20 Mo. App. 631; Welch & Harvey v. Daimeron, 47 Mo. App. 226; Boettger v. Eoehling, 74 Mo.

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1Opinion of the CourtBland, P. J.

(after stating the facts.) — Appellant contends that respondent, having asked and obtained instruction No. 6, supra, in the unlawful detainer suit and having been successful in his defense of the suit,, is estopped to deny that he elected to pay one hundred»' and fifty dollars per month as rent for the premises from and after March 15,1905; on the other hand, respondent contends that appellant was defeated in the unlawful detainer suit, for the reason the notices served on respondent to vacate were not sufficiently explicit and positive to require him to move. Instruction No. 5, given for…

2Cases cited9 opinions

Boogher v. FrazierSupreme Court of Missouri · 1889
In re Estate of Glover & ShepleySupreme Court of Missouri · 1895
Coney v. LairdSupreme Court of Missouri · 1900
Welch & Harvey v. DameronMissouri Court of Appeals · 1891
Ayres v. DraperSupreme Court of Missouri · 1848

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3Cited by3 opinions

Simmons v. FridaySupreme Court of Missouri · 1949
Idalia Realty & Development Co. v. NormanSupreme Court of Missouri · 1911
Flanagan v. LazerineMissouri Court of Appeals · 1913