Gay v. Joplin
U.S. Circuit Court for the District of Eastern Missouri
Suit.for Bent. Motion for new trial. The petition in this case sets out in form three distinct causes of action, viz., the balance of rent due for each of three successive years under a lease from year to year. The answer sets up a counter-claim for work done upon the leased property during the period of the tenancy by the lessee, at the lessor’s request. The case was tried before a jury.
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Suit.for Bent. Motion for new trial. The petition in this case sets out in form three distinct causes of action, viz., the balance of rent due for each of three successive years under a lease from year to year. The answer sets up a counter-claim for work done upon the leased property during the period of the tenancy by the lessee, at the lessor’s request. The case was tried before a jury. During the trial the plaintiff asked leave to amend by consolidating the three causes into one. The defendant objected, and the court said that the amendment was unnecessary, as the court would in its charge…
1Opinion of the Court
Treat, D. J.
The petition does not count on a written lease, nor was such a lease filed with the petition as the statute requires, hence the trial proceeded as on a verbal lease for $650 per year, which the answer admitted. If a written lease contained specific terms or provisions of which the plaintiff desired to avail himself, these terms should have been set out or averred and the lease filed. The answer and counter-claim informed the plaintiff of the nature of the defense; showing, if there was ,a written 'lease of whose terms the plaintiff sought advantage, the necessity of conforming to…
2Cases cited48 opinions
- Ware v. HyltonSupreme Court of the United States · 1796
- Shaw v. Railroad Co.Supreme Court of the United States · 1880
- MINOR v. the Mechanics Bank of AlexandriaSupreme Court of the United States · 1828
- Renner v. Bank of ColumbiaSupreme Court of the United States · 1824
- Tilton v. CofieldSupreme Court of the United States · 1876
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3Cited by5 opinions
- Smyth Sales, Inc. v. Petroleum Heat & Power Co.Court of Appeals for the Third Circuit · 1944
- Wilson v. WattSupreme Court of Missouri · 1959
- Knauss v. HaleIdaho Supreme Court · 1942
- Shaffer v. Great American Indemnity Co.Court of Appeals for the Fifth Circuit · 1945
- Osborne v. AltschulCourt of Appeals for the Ninth Circuit · 1899