Baxter v. Heimann
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.— Eon. D. D. Fisher, Judge. (1) “If a lessor acquiesce in the tenancy by accepting rent of the premises after knowledge that a breach of condition has been committed, he will be presumed to have waived the forfeiture (Ireland v. Nichols, 46 N. Y. 413; McGlynn v. Moore, 25 Cal. 384; Coon v. Brickett, 2 N. H. 163), but to have that effect, it must be rent which became due after the breach.”
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Appeal from St. Louis City Circuit Court.— Eon. D. D. Fisher, Judge. (1) “If a lessor acquiesce in the tenancy by accepting rent of the premises after knowledge that a breach of condition has been committed, he will be presumed to have waived the forfeiture (Ireland v. Nichols, 46 N. Y. 413; McGlynn v. Moore, 25 Cal. 384; Coon v. Brickett, 2 N. H. 163), but to have that effect, it must be rent which became due after the breach.” Mart, on Conv., sec. 340; Co. Litt., 211b; Bleeker v. Smith; 13 Wend. 530; Hunter v. Osterholdt, 11 Barb. 33; Jackson v. Allen, 3 Cow. 220; Gomber v. Hackett, 6 Wis.…
1Opinion of the CourtGoode, J.
On July 20, 1902, plaintiff leased to defendant a building at the southwest corner of Lucas avenue and Seventh street in the city of St. Louis, for a term of five years, to commence on said 'date and at a yearly rental of $4,000, payable in monthly installments of $333.33 1-3, in advance, for which defendant executed his sixty promissory notes under date of July *26211, 1902, falling dne on successive months thereafter. The notes contained this clause: “Subject to and in accordance with the provisions of the lease this day made for the leasehold at the corner of Seventh and Lucas.” Defendant took…
2Cases cited5 opinions
- Guffy v. HukillWest Virginia Supreme Court · 1890
- Walker v. EnglerSupreme Court of Missouri · 1860
- Alexander v. HodgesMichigan Supreme Court · 1879
- Kramer v. AmbergNew York Supreme Court · 1889
- Read v. TuttleSupreme Court of Connecticut · 1868
3Cited by6 opinions
- Gary Realty Co. v. KellySupreme Court of Missouri · 1919
- Wilson v. AgnewColorado Court of Appeals · 1913
- Weaver Mining Co. v. GuthrieMissouri Court of Appeals · 1915
- Hinsman v. Marble Savings BankSupreme Court of Vermont · 1929
- Hamre v. Michael Etzel & Sons, Inc.Supreme Court of Connecticut · 1935
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