Winkelmeier v. Katzelburger
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. Judge Biggs dissenting. The facts in this case fully appear in the trans-script.
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Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. Judge Biggs dissenting. The facts in this case fully appear in the trans-script. The only point urged by appellants is that the circuit court erred in permitting plaintiff to amend the complaint during the trial and before verdict by inserting the words “that Krezentia Winkelmeier acquired this property from Frederick Kroeger and wife by deed dated Jan. 14th, 1898, and that said defendants had rented the said property from said Frederick Kroeger at the rate of twenty dollars per month, payable in advance.” The respondent…
1Opinion of the CourtBond, J.
Frederick Kroeger executed a warranty deed to the premises in dispute to Mrs. Winkelmeier, on the fourteenth of January, 1898. Prior to this conveyance defendants were in possession of the property as the tenants of the grantor upon an agreement to pay rent, in advance, at the rate of $20 per month. The grantee immediately exhibited her deed to the *120tenants and demanded rent due for the month of January, which was refused. The defendants also refusing to attorn to her, she, thereupon, on the eighteenth of January, 1898, brought an action before a justice of the peace, claiming rent and…
2Cases cited1 opinion
- Duke v. ComptonMissouri Court of Appeals · 1892
3Cited by2 opinions
- Barclay v. WyattMissouri Court of Appeals · 1929
- Sullivan v. LueckMissouri Court of Appeals · 1904