Wm. W. Kendall Boot & Shoe Co. v. Bain
Missouri Court of Appeals
Appeal from the Mercer Circuit Court. — Hon. GL D. Bubgess, Judge. (1) As the goods had not been removed from the demised premises they were subject to the payment of the rents.
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Appeal from the Mercer Circuit Court. — Hon. GL D. Bubgess, Judge. (1) As the goods had not been removed from the demised premises they were subject to the payment of the rents. Taylor on Landlord and Tenant [5 Ed.], secs. 558, 583; O’Mara v. Jones, 46 111. 288. (2) According to the covenants in the lease, defendant’s measure of damages is the full amount of the unpaid rent for the full term of the lease, otherwise the measure of damages is the difference between the rent defendant Hall was to receive under the lease, and the rents actually received from the subsequent tenants, and necessary…
1Opinion of the CourtEllison, J.
Plaintiff brought an action of replevin against defendants in which they claimed the property in, and right of possession to, a lot of merchandise. The defendant, Bain, is the sheriff land, claimed to hold the property, under a writ of attachment sued out by defendant Hall. There was a verdict for defendant Hall, finding that he had an interest in the property 'to the amount of $45, and he appeals to this court. The case was here on another occasion and will be found in 46 Mo. App. 581.
It seems that one Campion was indebted to plaintiffs, who are wholesale dealers, for the purchase price of…
2Cases cited3 opinions
- Hughes v. MenefeeMissouri Court of Appeals · 1888
- W. W. Kendall Boot & Shoe Co. v. BainMissouri Court of Appeals · 1891
- Sawyers v. DrakeMissouri Court of Appeals · 1889
3Cited by2 opinions
- First Nat. Bank of Buchanan County v. ConnettCourt of Appeals for the Eighth Circuit · 1905
- Feller v. McKillipMissouri Court of Appeals · 1903