Legal Opinion

Rogers v. Grote Paint Co.

Missouri Court of Appeals

Decided April 24, 1906PublishedCited by 4 opinions

Appeal from St. Louis City Circuit Court. — IZo«. Daniel D. Fisher, Judge. (1) Eviction by act of landlord of any part of premises suspends payment of rent for remaining portion. Witte v. Quinn, 38 Mo.

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Appeal from St. Louis City Circuit Court. — IZo«. Daniel D. Fisher, Judge. (1) Eviction by act of landlord of any part of premises suspends payment of rent for remaining portion. Witte v. Quinn, 38 Mo. App. 690; Colburn v. Morrell, 117 Mass. 262; Fellebrown v. Hoar, 124 Mass. 583; Leesbam v. White, 1 Allen 489; McAdam on Landlord and Tenant, secs. 478-479; Dyett v. Pendleton, 8 Cowen (N. Y.) 731; Upton v. Townsend, 17 C. B. 30. (2) Eviction is any interference by the landlord with the tenant’s beneficial nse of the premises let. 11 Amer. and Eng. Ency. of Law, pages 470-471. (3) If a lease…

1Opinion of the Court

BLAND, P. J. —

On March 28, 1902, plaintiff leased to the defendant, for a term of five years, building No. 800, on North Main street, city of St. Louis, for a rental of three thousand dollars for the whole term, payable in installments of fifty dollars in advance on the twenty-fourth day of each month during the life of the lease.

Defendant entered into possession of the premises under the lease and has continued to occupy the same, paying the monthly installments of rent up to and including November 24, 1903, since which date it has ceased and refused to pay any rent. Suit was commenced in a…

2Cases cited1 opinion

  1. Grommes v. St. Paul Trust Co.Illinois Supreme Court · 1893

3Cited by4 opinions

  1. Income Properties Investment Corp. v. TrefethenWashington Supreme Court · 1930
  2. Solomon v. Neisner Bros.District Court, M.D. Pennsylvania · 1950
  3. Gralnick v. MagidSupreme Court of Missouri · 1922
  4. Rogers v. Grote Paint Co.Missouri Court of Appeals · 1906

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