Meyers v. Russell
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Son. Jesse A. McDonald, Judge. These allegations wholly, fail to charge defendant with any duty or obligation to plaintiff to repair the premises. The obligation to repair must arise from an express contract alleged and proved; otherwise there can be no liability even, as between the owner as lessor and the tenant; much the less so as between one who is not the owner and the tenant.
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Appeal from St. Louis City Circuit Court. — Son. Jesse A. McDonald, Judge. These allegations wholly, fail to charge defendant with any duty or obligation to plaintiff to repair the premises. The obligation to repair must arise from an express contract alleged and proved; otherwise there can be no liability even, as between the owner as lessor and the tenant; much the less so as between one who is not the owner and the tenant. Ward v. Fagin, 101 Mo. 669; Peterson v. Smart, 70 Mo. 34; Little v. M'acadaras,. 29 Mo. App. 332. Even though the written appointment of Niesen as agent to rent and…
1Opinion of the CourtBiand, P. J.
(after stating the facts). — 1. The instruction (No. 3.) for defendant should have been given, if by the reservation in his deed to the Bents, defendant retainel no interest in, or control of any part of the premises, or the rents and profits thereof. Defendant’s evidence tends to show that he bought the property at a trustee’s sale for the benefit of the widow and heirs of James Bent, and for the purpose of paying off the deed of trust, under which the property was sold, and to pay other small debts of the estate of James Bent. Defendant executed the deed of trust on the property to secure a…
2Cases cited8 opinions
- Jaffe v. . HarteauNew York Court of Appeals · 1874
- Hines v. WillcoxTennessee Supreme Court · 1896
- Doyle v. Union Pacific Railway Co.Supreme Court of the United States · 1893
- Minor v. SharonMassachusetts Supreme Judicial Court · 1873
- Martin v. RichardsMassachusetts Supreme Judicial Court · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Bailey v. KellySupreme Court of Kansas · 1912
- Dunlap v. JacksonSupreme Court of Oklahoma · 1923
- Meade v. MontroseMissouri Court of Appeals · 1913
- Norcomo Corp. v. Franchi Const. Co., Inc.Missouri Court of Appeals · 1979
- Flournoy Ex Rel. Gilbert v. KuhnMissouri Court of Appeals · 1964