Empire Building Co. v. Hopkins
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — How. Horatio D. Wood, Judge. It is plain that the words inserted by tbe court into plaintiff’s instruction 1 carried tbe vice of defendant’s instruction 1 into plaintiff’s instruction 1, and made it erroneous. There was no substantial evidence on which to base defendant’s instruction 1. It is plain that there was no surrender of the premises before the expiration of the lease to the lessor.
Read the full summary
Appeal from St. Louis City Circuit Court. — How. Horatio D. Wood, Judge. It is plain that the words inserted by tbe court into plaintiff’s instruction 1 carried tbe vice of defendant’s instruction 1 into plaintiff’s instruction 1, and made it erroneous. There was no substantial evidence on which to base defendant’s instruction 1. It is plain that there was no surrender of the premises before the expiration of the lease to the lessor. There could con- . sequently be no acceptance of such surrender. To give instructions not based on the evidence, or, in other words, to instruct a jury to find…
1Opinion of the CourtBurgess, J.
This is a suit for the rent of a building known as the West End Coliseum, in the city of St. Louis, under a lease dated February 19, 1902, by and between plaintiff as lessor, and the defendant as lessee. This lease was for a term of twelve months, from January 1 to December 31, 1902, the rental being three thousand, six hundred dollars a year, to be paid in equal monthly payments of three hundred dollars, payable in advance on the first day of each month. The lease provided that “Said term may be terminated at any time by either party hereto, by thirty days’ notice in writing served on the…
2Cases cited5 opinions
- Dozier v. JermanSupreme Court of Missouri · 1860
- State v. ReedSupreme Court of Missouri · 1886
- Waller v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1884
- Houston v. LaneSupreme Court of Missouri · 1867
- Randolph v. AlseySupreme Court of Missouri · 1844
3Cited by3 opinions
- Wilkinson v. LiebermanSupreme Court of Missouri · 1931
- Tyon v. Wabash Railway Co.Missouri Court of Appeals · 1921
- White v. Standard Life Ins. Co.Mississippi Supreme Court · 1945