Hynes v. Ecker
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Yalta ant, Judge. In the absence of any provision of forfeiture or reentry in a lease, in case of the violation by the lessee of an agreement not to assign without consent, the remedy of the lessors, in the event of an assignment without consent, would be an action on the covenant against the lessees. 1 Wash.
Read the full summary
Appeal from the St. Louis City Circuit Court. — Hon. Leroy B. Yalta ant, Judge. In the absence of any provision of forfeiture or reentry in a lease, in case of the violation by the lessee of an agreement not to assign without consent, the remedy of the lessors, in the event of an assignment without consent, would be an action on the covenant against the lessees. 1 Wash. Real Prop. [5 Ed. ] 511 ; Den v. Post, 25 N. J. Law, 285, p. 292 ; Brown r>. Bragg, 22 Ind. 122; Shaw v. Cofín, G. B. N. S. 371; Crawley v. Price, 10 L. R. Q. B. 302; Wilkes v. Phillips, 2 Bing. 13; Platt on Covenants, 424;…
1Opinion of the CourtRombauer, P. J.
In August, 1877, the owners of various lots, in Cote Brillante, St. Louis, executed leases for a term of ten years to Jesse L. January, C. Bent Carr, Robert S. Carr and Edward S. Douglas as co-lessees, the lessees covenanting to pay a certain rent reserved, and the taxes assessed against the property during the term, and not to assign the leases without the written consent of the lessors respectively,
The lessors established a race track on the property let, and assigned all the leases but one to the St. Louis *654Jockey and Trotting Olnb, which thereafter made a deed of trust on the property.…
2Cases cited4 opinions
- Edmonson v. KiteSupreme Court of Missouri · 1869
- Board of President & Directors of St. Louis Public Schools v. Boatmen's Insurance & Trust Co.Missouri Court of Appeals · 1878
- Hutton v. PowersSupreme Court of Missouri · 1866
- Brownlee v. AllenSupreme Court of Missouri · 1855
3Cited by3 opinions
- Estate v. GieslerMissouri Court of Appeals · 1898
- Hague v. AhrensCourt of Appeals for the Third Circuit · 1892
- Keinstra v. KingMissouri Court of Appeals · 1909