Beiler v. Devoll
Missouri Court of Appeals
Appeal from, the Cass Circuit Court. — Hon. Chas. W. Sloan, Judge. (1) Under tbe law and evidence in this case defendant was clearly a tenant from year to year, even if there bad been no ^express permission to bold over, and was entitled to three months’ notice in writing to quit, and the court below sustained defendant’s objection ,to plaintiff’s attempt to prove said notice, and should have sustained defendant’s demurrer to plaintiff’s evidence.
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Appeal from, the Cass Circuit Court. — Hon. Chas. W. Sloan, Judge. (1) Under tbe law and evidence in this case defendant was clearly a tenant from year to year, even if there bad been no ^express permission to bold over, and was entitled to three months’ notice in writing to quit, and the court below sustained defendant’s objection ,to plaintiff’s attempt to prove said notice, and should have sustained defendant’s demurrer to plaintiff’s evidence. Without said notice plaintiff cannot recover. R. S. 1879, sec. 3077 ; R. S. 1879, sec. 2509 Hammond v. Douglass, 50 Mo. 434; Wilgus v. Lewis, 8 Mo.…
1Opinion of the CourtSmith, P. J.
This was an action for unlawful detainer. The evidence of the plaintiff tended to show that the plaintiff, by an agreement in writing, rented *254the. defendant one hundred and sixty acres of land, for the years of 1886 and 1887, each year ending March 1; that the plaintiff made a verbal lease, to defendant, of the same land for the year 1888, expiring March 1, 1889 ; that plaintiff, more than three months preceding the expiration of said verbal lease, caused a notice to be served on the defendant to deliver the possession of the premises at the expiration of his lease. The service of notice was…
2Cases cited1 opinion
- Briar v. RobertsonMissouri Court of Appeals · 1885
3Cited by7 opinions
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- Coleman v. FletcherMissouri Court of Appeals · 1945
- Butts v. FoxMissouri Court of Appeals · 1902
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