Geer v. Boston Little Circle Zinc Co.
Missouri Court of Appeals
Appeal from Greene Circuit Court. — Eon. James T. Neville, Judge. (1) The contract with the defendant company was in writing with plaintiff alone, and he is the trustee of an express trust under the provisions of section 541, Revised Statutes 1899. Ferris v. Thaw, 72 Mo. 446; Dodson v. Lomax, 115 Mo. 555; Harrigan v. Welch, 49 Mo. App. 496; Pomeroy’s Code Rem. (3 Ed.), secs. 171, 173; Nelson v. Hirsch & Son’s Co., 102 Mo.
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Appeal from Greene Circuit Court. — Eon. James T. Neville, Judge. (1) The contract with the defendant company was in writing with plaintiff alone, and he is the trustee of an express trust under the provisions of section 541, Revised Statutes 1899. Ferris v. Thaw, 72 Mo. 446; Dodson v. Lomax, 115 Mo. 555; Harrigan v. Welch, 49 Mo. App. 496; Pomeroy’s Code Rem. (3 Ed.), secs. 171, 173; Nelson v. Hirsch & Son’s Co., 102 Mo. App. 512; Jones v. Railroad, 178 Mo. 528; Albany, etc., Co. v. Lunbery, 121 U. S. 481. (2) The contract of the Boston Little Circle Zinc Co. being in the nature of a grant…
1Opinion of the CourtGoode, J.
Damages in the sum of three thous- and dollars are demanded of defendant for breach of a covenant for quiet enjoyment of a leasehold. No express covenant of the kind is contained in the lease, but one is implied by law, as is conceded. [Jackson v. Eddy, 12 Mo. 209, 212; Smith v. Thurston, 19 Mo. App. 48; 1 Taylor, L. and T. (9 Ed.), sec. 304.] When the lease was taken it was for the benefit of W. S. Gunning as well as plaintiff. In fact Gunning himself procured the lease, but had it written in plaintiff’s name for the benefit of the two. It covered two mining lots together with a…
2Cases cited31 opinions
- Woodward v. MitchellIndiana Supreme Court · 1895
- Guffy v. HukillWest Virginia Supreme Court · 1890
- St. Joseph & St. Louis Railroad v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1896
- Pendill v. Union Mining Co.Michigan Supreme Court · 1887
- Samson v. . RoseNew York Court of Appeals · 1875
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3Cited by14 opinions
- Hardware Center, Inc. v. Parkedge Corp.Missouri Court of Appeals · 1981
- B. F. Avery & Sons' Plow Co. v. KennerlyTexas Commission of Appeals · 1929
- Baranov v. ScudderCalifornia Supreme Court · 1918
- Doyle v. ScottCourt of Appeals of Texas · 1911
- Sherwood Medical Industries, Inc. v. Building Leasing Corp.Missouri Court of Appeals · 1975
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