Clemens v. Murphy
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. This was an action for rent and taxes under a lease from plaintiff to defendant. The lease expired January 1, 1854, but defendant held over to February 17, 1862, when he was dispossessed by law under a landlord’s summons and judgment. By the terms of the lease under which defendant held over, .the rent was $500 per annum, payable monthly, and all State, county and city taxes.
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Appeal from St. Louis Court of Common Pleas. This was an action for rent and taxes under a lease from plaintiff to defendant. The lease expired January 1, 1854, but defendant held over to February 17, 1862, when he was dispossessed by law under a landlord’s summons and judgment. By the terms of the lease under which defendant held over, .the rent was $500 per annum, payable monthly, and all State, county and city taxes. And it was further provided in said lease, that “ at the end of the term for which this lease is made, all rents and covenants being paid and complied with on the part of the…
1Opinion of the CourtHolmes, Judge
Two grounds of error are relied upon by the appellant for *128a reversal of the judgment. The one is the exclusion of testimony offered in support of his counter-claim. In the first place, this counter-claim is pleaded in an insufficient manner; in the second place, the evidence proposed to be offered does not appear to have been sufficient to establish any counter-claim at all.' Under the lease, the appellant had the right to remove his buildings erected on the premises, at the end of his term, provided that all rents had been paid and all covenants complied with. The lessee offered to pay up…
2Cited by9 opinions
- Wilson Company v. Hartford Fire Insurance Co.Supreme Court of Missouri · 1923
- Hickerson v. City of MexicoSupreme Court of Missouri · 1874
- Nelson v. BarnettSupreme Court of Missouri · 1894
- Spradling v. ConwaySupreme Court of Missouri · 1872
- Mosley v. EvansSupreme Court of Missouri · 1918
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