Walker v. Engler
Supreme Court of Missouri
Appeal from St. Louis Land Court. The facts sufficiently appear in the opinion of the court. I. The court erred in striking out a portion of the answer in this case. The first instruction given, on motion of the plaintiff, is erroneous. The lease was forfeited only from the time the lessor declared it forfeited. The stipulation with respect to double rent was a penalty, and not liquidated damages.
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Appeal from St. Louis Land Court. The facts sufficiently appear in the opinion of the court. I. The court erred in striking out a portion of the answer in this case. The first instruction given, on motion of the plaintiff, is erroneous. The lease was forfeited only from the time the lessor declared it forfeited. The stipulation with respect to double rent was a penalty, and not liquidated damages. (Sedg. on Dam. 398, 421.) If Walker knew of the alterations when they were being made, and assented thereto, he should not be permitted to claim a forfeiture. Defendant’s instructions should have…
1Opinion of the CourtEwing, Judge
This was an action. for the possession of certain premises leased by the plaintiff to the - defendant in the city of St. *132Louis, alleged to be unlawfully detained, and for double rent from the date of the unlawful detention and for damages.
One of the covenants on the lease is that the lessee would not make any alterations in the premises, which the petition •alleges was violated, and by reason thereof the term was avoided by the plaintiff and possession demanded. The answer denies that such alterations were made as would entitle the plaintiff to enforce a forfeiture, and alleges that when the…
2Cited by14 opinions
- Tracy v. Union Iron Works Co.Supreme Court of Missouri · 1891
- Vinyard v. Republic Iron & Steel Co.Supreme Court of Alabama · 1921
- State v. HowardSupreme Court of North Carolina · 1901
- Geer v. Boston Little Circle Zinc Co.Missouri Court of Appeals · 1907
- State v. . Howard-Gold Brick CaseSupreme Court of North Carolina · 1901
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