O'Neil v. Flanagan
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Cou/rt. — Hon. Daniel Dillon, Judge. Where premises are leased for a term of years and the lessee agrees to pay rent during such term and the lessor does not contract to rebuild, the destruction • by fire of the buildings rented will not exempt the lessor from the further payment of rent; he must pay rent for the whole of the term. Gibson v. Perry, 29 Mo. 245; Burnet v. Fuchs, 28 Mo.
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Appeal from the St. Louis City Circuit Cou/rt. — Hon. Daniel Dillon, Judge. Where premises are leased for a term of years and the lessee agrees to pay rent during such term and the lessor does not contract to rebuild, the destruction • by fire of the buildings rented will not exempt the lessor from the further payment of rent; he must pay rent for the whole of the term. Gibson v. Perry, 29 Mo. 245; Burnet v. Fuchs, 28 Mo. App. 279. The statute (R. S., sec. 2393) as to the covenant or contract of a tenant to repair has no application to this case.
1Opinion of the CourtBiggs, J.
On the first day of May, 1893, the defendant leased from .plaintiff certain premises for the period of five years. The rent for the first year was fixed at $750, payable in monthly installments of $62.50, each installment to be due and payable on the first day of each month, in advance. For the remaining *88four years a rental of $900 per annum was agreed on. The lease contained no covenant on the part of the plaintiff to keep the buildings in repair, or to insure them against loss by fire or other accidental cause. The concluding covenant on the part of the defendant is that at the end of the…
2Cases cited2 opinions
- Burnes v. FuchsMissouri Court of Appeals · 1887
- January v. Powell & Co.'s AssigneeSupreme Court of Missouri · 1859
3Cited by9 opinions
- King v. MooreheadMissouri Court of Appeals · 1973
- Gralnick v. MagidSupreme Court of Missouri · 1922
- Kennedy v. WattsMissouri Court of Appeals · 1910
- Sedalia Planing Mill & Lumber Co. v. Swift & Co.Missouri Court of Appeals · 1908
- Johnson v. SnowMissouri Court of Appeals · 1903
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