DeMoss v. Economy Furniture & Carpet Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. C. L. Dobson, Judge.. (1) The first point we urge is that the petition does not state facts which entitle respondent to equitable relief, but shows upon its face that respondent is not entitled to the relief prayed. It is a fundamental principle that before equity will lend its aid, the party invoking it must show himself without adequate legal remedy. 3 Pom. Eq., secs. 1360-1365; Spitz v. Kerr-foot, 42 Mo.
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Appeal from the Jackson Circuit Court. — Hon. C. L. Dobson, Judge.. (1) The first point we urge is that the petition does not state facts which entitle respondent to equitable relief, but shows upon its face that respondent is not entitled to the relief prayed. It is a fundamental principle that before equity will lend its aid, the party invoking it must show himself without adequate legal remedy. 3 Pom. Eq., secs. 1360-1365; Spitz v. Kerr-foot, 42 Mo. App. 77; Thias v. Senier, 103 Mo. 314. (2) And it makes no difference that plaintiff’s adequate legal remedy has not been pleaded in defense,…
1Opinion of the CourtSmith, P. J.
Statement — This is a suit in equity. It appears from the record before us that the plaintiff on the twelfth day of January, 1892, by the terms of a written contract leased of the defendant a certain store room at a rental of $75 a month, payable monthly in advance; that plaintiff continued in the possession-of the premises under the lease until the expiration thereof, and after the expiration thereof still continued in the possession as tenant from month to month at the same rent payable monthly in advance. It further appears that in the fall of 1894 the plaintiff sublet a-part of the…
2Cases cited8 opinions
- Ridgley v. StillwellSupreme Court of Missouri · 1859
- Hicks v. MartinMissouri Court of Appeals · 1887
- Midland Lumber Co. v. KreegerMissouri Court of Appeals · 1893
- Willis v. StevensMissouri Court of Appeals · 1887
- Sandige v. HillMissouri Court of Appeals · 1897
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