Pollmann v. Schaper
Missouri Court of Appeals
Appeal from Lincoln Circuit Court. — Hon. James D. Barnett, Judge. (1) There is in this case no express contract creating the relation of landlord and tenant between the plaintiff and defendant, and no facts from which that relation could be implied; and unless the relation of landlord and tenant does exist between the parties, by express or implied contract, a suit for use and occupation cannot be maintained.
Read the full summary
Appeal from Lincoln Circuit Court. — Hon. James D. Barnett, Judge. (1) There is in this case no express contract creating the relation of landlord and tenant between the plaintiff and defendant, and no facts from which that relation could be implied; and unless the relation of landlord and tenant does exist between the parties, by express or implied contract, a suit for use and occupation cannot be maintained. See. 7886, R. S. 1909; Cohen v. Kyler, 27 Mo. 120; Sturges v. Botts, 24 Mo. App. 282; Hutton v. Powers, 38 Mo. 353; Edmonson v. Kite, 43 Mo. 177; Bank v. Ault, 80 Mo. 199; Young v.…
1Opinion of the CourtReynolds, P. J.
Plaintiff’s testatrix commenced this action in the circuit court of Lincoln county, claiming in her petition that she was the owner of a life estate in and entitled to the possession of certain real estate described; that in August, 1905, defendant, who is her son, by her consent, entered into possession and occupancy and cultivation of the premises, with the understanding and agreement between them that defendant should pay plaintiff a reasonable annual rental for the use, occupancy and cultivation of the premises; that ever since that date defendant has remained and continued in the use and…
2Cases cited1 opinion
- Shouse v. KrusorMissouri Court of Appeals · 1887
3Cited by1 opinion
- Coleman v. FletcherMissouri Court of Appeals · 1945