Drake v. Board of Education
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Ho». Moses N. Sale, Judge. (1) A stipulation in a renewable lease, calling merely, in general terms, for the insertion in the new lease of “all the covenants” contained in the old, without specific enumeration of the particular covenants, is insufficient to compel the insertion of a covenant for renewal in the new lease, there being a presumption (arising from failure to refer specifically to that covenant), that it was not…
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Appeal from St. Louis City Circuit Court. — Ho». Moses N. Sale, Judge. (1) A stipulation in a renewable lease, calling merely, in general terms, for the insertion in the new lease of “all the covenants” contained in the old, without specific enumeration of the particular covenants, is insufficient to compel the insertion of a covenant for renewal in the new lease, there being a presumption (arising from failure to refer specifically to that covenant), that it was not included in the mere general stipulation to insert “all the covenants of ' the old lease.” Carr v. Ellison, 20 Wend. 178;…
1Opinion of the CourtWoodson, J.
The facts of this case are agreed to, and, as they are substantially and tersely stated in brief of counsel for respondent, we will adopt their statement as the statement of the facts in the case, which is as follows:
“The controversy in this case was submitted under section 793, Revised Statutes 1899, without formal pleadings as an agreed case without action, and involved the single question as to the construction of the right of renewal under a certain lease made by the respondent, the Board of Education of the City of St. Louis, of certain property in City Block 88, of the city of St.…
2Cases cited6 opinions
- Winslow v. Baltimore & Ohio RailroadSupreme Court of the United States · 1903
- Piggot v. MasonNew York Court of Chancery · 1829
- Syms v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1887
- Diffenderfer v. Board of President of St. Louis Public SchoolsSupreme Court of Missouri · 1894
- Rutgers v. HunterNew York Court of Chancery · 1822
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3Cited by17 opinions
- Burns v. . City of New YorkNew York Court of Appeals · 1915
- Thaw v. GaffneyWest Virginia Supreme Court · 1914
- Brummitt Tire Co. v. Sinclair Refining Co.Court of Appeals of Tennessee · 1934
- Pickrell v. BucklerCourt of Appeals of Texas · 1927
- Kilbourne v. ForesterMissouri Court of Appeals · 1970
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