Gray v. Gaff
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court. An eviction in fact, or in effect, which renders the premises useless, will prevent a recovery of rent. — Halligan v. Wade, 21 111. 470 ; Dyett v. Pendleton, 8 Cow. 734 ; Cohenv. Dupont, 1 Sandf. 260; Roswell v. Prior, 12 Mo. 635 ; Thompson v. Gibson, 7 Mee. & W. 456 ; Pish v. Dodge, 4 Denio, 316. The acts of the respondent amounted to an eviction.— Jackson v. Eddy, 12 Mo. 209, and cases cited supra.
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Appeal from the St. Louis Circuit Court. An eviction in fact, or in effect, which renders the premises useless, will prevent a recovery of rent. — Halligan v. Wade, 21 111. 470 ; Dyett v. Pendleton, 8 Cow. 734 ; Cohenv. Dupont, 1 Sandf. 260; Roswell v. Prior, 12 Mo. 635 ; Thompson v. Gibson, 7 Mee. & W. 456 ; Pish v. Dodge, 4 Denio, 316. The acts of the respondent amounted to an eviction.— Jackson v. Eddy, 12 Mo. 209, and cases cited supra. There was no contract as to the occupation of the adjoining premises, and the doctrine of caveat emptor applies. — Street v. Selden, 7 Wall. 416 ;…
1Opinion of the Court
Baícewell, J.,
delivered the opinion of the court.
The statement of counsel for appellants, with the correction of a slight inaccuracy, is substantially adopted, and is as follows: —
“Appellant leased of respondent the back part of two warehouses in St. Louis, known as Nos. 1005 and 1007 *330Broadway. The demised premises fronted on an alley. The rent was payable monthly. Appellants leased the premises to be used as a stable for horses, and respondent had notice of this at the time the lease was made. After the execution, but before the delivery of the lease, appellants suggested that it ought to…
2Cases cited6 opinions
- Royce v. GuggenheimMassachusetts Supreme Judicial Court · 1870
- Dyett v. PendletonCourt for the Trial of Impeachments and Correction of Errors · 1826
- Etheridge v. OsbornNew York Supreme Court · 1834
- Gilhooley v. . WashingtonNew York Court of Appeals · 1850
- Jackson v. EddySupreme Court of Missouri · 1848
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Delmar Investment Co. v. BlumenfieldMissouri Court of Appeals · 1906
- French v. PettingillMissouri Court of Appeals · 1907
- Wood v. GablerMissouri Court of Appeals · 1934
- Bilicke v. JanssCalifornia Court of Appeal · 1910
- O'Neill v. MangetMissouri Court of Appeals · 1891
2 more not listed; retrieve them via the Exa API.