B. Roth Tool Co. v. Champ Spring Co.
Missouri Court of Appeals
. Appeal from St. Louis City Circuit Court. — Hon.-, Judge. (1) If the clause “this lease may’be terminated any time after June 15, 1898, by either party giving sis months’ notice in 'writing” (June 15, 1898, being the last day of the term), could be held to have the effect to keep alive the written lease, so that the writing would constitute an “agreement” between the parties, within the meaning of sections 3414, 3418 and 4110 of the Revised Statutes, still the writing…
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. Appeal from St. Louis City Circuit Court. — Hon.-, Judge. (1) If the clause “this lease may’be terminated any time after June 15, 1898, by either party giving sis months’ notice in 'writing” (June 15, 1898, being the last day of the term), could be held to have the effect to keep alive the written lease, so that the writing would constitute an “agreement” between the parties, within the meaning of sections 3414, 3418 and 4110 of the Revised Statutes, still the writing would not create a lease for the reason that it has “no determinate” period. R. S. 1899, sec. 3414, 4110; Corby v.…
1Opinion of the CourtGoode, J.
The above-entitled suit was instituted the eighteenth day of September, 1901, for equitable relief by injunction against the appellant, on the ground that the respondent, a corporation, was entitled to the benefit of' certain covenants contained in a lease theretofore made by the Champ Spring Company as lessor to E. B. Roth, Charles Roth and William Boefer, their successors or assigns, ns lessees, the respondent having succeeded to the rights of said lessees under said lease, which was executed on the fifteenth day of March, 1897, for the term of one year, to commence on the fifteenth day of…
2Cases cited8 opinions
- St. Louis, Keokuk & Northwestern Railway Co. v. ClarkSupreme Court of Missouri · 1894
- Consolidated Coal Co. v. PeersIllinois Supreme Court · 1896
- Johnson v. ShermanCalifornia Supreme Court · 1860
- Ecke v. FetzerWisconsin Supreme Court · 1886
- Smith v. SterrittSupreme Court of Missouri · 1857
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
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- Farmers Bank & Trust Co. v. Palms Publishing Co.Supreme Court of Florida · 1923
- Doerflinger Realty Company v. FieldsMissouri Court of Appeals · 1955
- 8182 Maryland Associates, Ltd. Partnership v. SheehanSupreme Court of Missouri · 2000
- Geer v. Boston Little Circle Zinc Co.Missouri Court of Appeals · 1907
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