Mansur v. Chamberlin
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hó,». B. B. Midcllebrook, Judge. (1) Plaintiff’s right to forfeiture was waived hy recognizing defendants as his tenants and demanding rent after right of forfeiture had accrued. Camp v. Scott, 47 Conn. 366 ; Conger v. Durye, 90 N. Y. 600; Nagel v. League, 70 Mo.
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Appeal from Jackson Circuit Court. — Hó,». B. B. Midcllebrook, Judge. (1) Plaintiff’s right to forfeiture was waived hy recognizing defendants as his tenants and demanding rent after right of forfeiture had accrued. Camp v. Scott, 47 Conn. 366 ; Conger v. Durye, 90 N. Y. 600; Nagel v. League, 70 Mo. App. 487; Garnhart v. Finney, 40 Mo. 449; Platt on Leases, 468; Murray v. Aorway, 56 N. Y. 342; 18 Am. & Eng., (2 Ed.), 382, sec. B. 24 Cyc. 1360, sec. 2; Tailor on Landlord and Tenant, 497. (2) Any recognition of tenancy either hy act, such as demand for rent, or any recognition of tenants, as…
1Opinion of the CourtEllison, J.
This is an action for unlawful detainer, in which the plaintiff had judgment in the circuit court.
The premises were situate in Kansas City, Missouri, and were leased to defendants for a term of five years, at a monthly payment, in advance, on the 15th of each month, of one hundred and fifty dollars. The agreement provided that a non-payment of rent as stipulated should forfeit the lease without notice. The rent due the 15th of September, 1910, was not paid, and on the 19th of that month plaintiff went to the premises and demanded it, and so he did again on the next day.
It is contended that…
2Cases cited8 opinions
- Garnhart v. FinneySupreme Court of Missouri · 1867
- Bleecker v. SmithNew York Supreme Court · 1835
- Pendill v. Union Mining Co.Michigan Supreme Court · 1887
- Camp v. ScottSupreme Court of Connecticut · 1879
- Jackson ex dem. Blanchard v. AllenNew York Supreme Court · 1824
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3Cited by3 opinions
- Eurengy v. Equitable Realty Corp.Supreme Court of Missouri · 1937
- Denney v. Traders National Bank of Kansas CitySupreme Court of Missouri · 1966
- Board of Trade Office Building v. Shannon Grain Co.Missouri Court of Appeals · 1929