Moser v. Lower
Missouri Court of Appeals
Appeal from the Buchanan Circuit Cowrt. — Hon. A. M. Tyoodson, Judge; The only theory c.n -which the court could refuse declaration, numbered 1, offered by appellant would be, first, that under the contract the relation of landlord and tenant was not created; second, that, if said relation was created, the tenancy expired when the corn was gathered and prior to the time of the bringing of this suit.
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Appeal from the Buchanan Circuit Cowrt. — Hon. A. M. Tyoodson, Judge; The only theory c.n -which the court could refuse declaration, numbered 1, offered by appellant would be, first, that under the contract the relation of landlord and tenant was not created; second, that, if said relation was created, the tenancy expired when the corn was gathered and prior to the time of the bringing of this suit. (1) The relation of landlord and tenant may be created for a period of one year, by parol. Ridgley v. Stilwell, 25 Mo. 570: Scully v. Murray, 34 Mo. 420. The relation of landlord and tenant may be…
1Opinion of the CourtEllison, J.
This is an action in trespass brought' by the cultivator against the owner of the field. The question to be determined is, who owned the stalks after the corn was gathered from them, the cultivator or the ovpier ? The cultivator claimed to own all; the owner claimed one-third. Plaintiff and defendant lived on farms in. the same neighborhood. In the fall of 1888, they agreed that plaintiff should plant and raise a crop of corn in the season of 1889, on a twelve-acre clover field belonging to defendant, and which composed a part of his farm ; plaintiff to have two-thirds, and defendant…
2Cases cited4 opinions
- Aiken v. SmithSupreme Court of Vermont · 1849
- Johnson v. HoffmanSupreme Court of Missouri · 1873
- Kamerick v. CastlemanMissouri Court of Appeals · 1886
- Orcutt v. MooreMassachusetts Supreme Judicial Court · 1883
3Cited by9 opinions
- Smith v. McNewMissouri Court of Appeals · 1964
- Pearson v. LaffertyMissouri Court of Appeals · 1917
- Davies v. BaldwinMissouri Court of Appeals · 1896
- Heiden v. General Motors Corp.Missouri Court of Appeals · 1978
- Underhill v. Allis-Chalmers Mfg. Co.Court of Appeals for the Eighth Circuit · 1926
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