Huggins v. Jasper
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — How-. W. D. Bush, Judge. (1) The consideration of the lessee’s undertaking to pay rent is the quiet, peaceful and indisputable possession of the premises leased, and is in its nature a condition precedent to the payment of rent.
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Appeal from Buchanan Circuit Court. — How-. W. D. Bush, Judge. (1) The consideration of the lessee’s undertaking to pay rent is the quiet, peaceful and indisputable possession of the premises leased, and is in its nature a condition precedent to the payment of rent. If the lessor by any wrongful act disturbs that possession which he should protect and defend he thereby forfeits his right and the lessee may abandon the possession of the premises leased and thereby exonerate himself from liability to pay rent. Jackson y. Eddy, 12 Mo. 212; Dyett v. Pendleton, 8 Oow. 728; Subway Oo. v. St. Louis,…
1Opinion of the CourtJohnson, J.
Action by landlords against their tenant to recover rent alleged to be due and unpaid. In obedience to a peremptory instruction, the jury returned a verdict for plaintiffs in the sum of seventy dollars, and the cause is here on the appeal of defendant.
*4In September, 1906, defendant began tbe occupancy as tenant from month to month of a residence owned by plaintiffs in St. Joseph, and agreed to pay a monthly rental of $35, on the first day of each month. He occupied the premises until May 15,1907, when he vacated them. He paid the rent to May 1, 1907, and on the 2d day of that month orally…
2Cases cited7 opinions
- Graff v. Lemp Brewing Co.Missouri Court of Appeals · 1908
- State v. ScullinSupreme Court of Missouri · 1905
- Roberts v. CotteyMissouri Court of Appeals · 1903
- Delmar Investment Co. v. BlumenfieldMissouri Court of Appeals · 1906
- Corby v. Brill Book & Stationery Co.Missouri Court of Appeals · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Lucas Hunt Village Co. v. KleinSupreme Court of Missouri · 1949
- Dolph v. BarryMissouri Court of Appeals · 1912
- Clark v. ClarkMissouri Court of Appeals · 1910