Kerr v. Clark
Supreme Court of Missouri
Appeal from,' St. Louis Circuit Court. Kerr sued Clark for the rent of a house for the two quarters ending April 1st, 1852. Clark answered that he rented the house verbally for five years, thereby becoming a tenant at will; and that, on the 17th of February, 1852, finding that he was unable to pay so high a rent, he left the house and delivered the possession thereof to the plaintiff or his agent.
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Appeal from,' St. Louis Circuit Court. Kerr sued Clark for the rent of a house for the two quarters ending April 1st, 1852. Clark answered that he rented the house verbally for five years, thereby becoming a tenant at will; and that, on the 17th of February, 1852, finding that he was unable to pay so high a rent, he left the house and delivered the possession thereof to the plaintiff or his agent. A motion to strike out this answer being sustained, the defendant-asked leave to file an amended answer. Being requested to state in what particulars he proposed to amend, his counsel stated that u…
1Opinion of the CourtGamble, Judge
1. The defendant being sued for tho rent of a house for two quarters, answers that he held the house under an agreement for five years, but that such agreement not having been reduced to writing, he was, under the statute of frauds, but a tenant at will. The agreement was made and the renting commenced in 1850, and he held the property until 17th February, 1852, when he says he delivered the premises to the plaintiff or his agent. He admits his liability for four months and seventeen days’ rent, ending 17th February, 1852.
The answer discloses an actual holding from some time in 1850 until…
2Cited by26 opinions
- Arbenz v. Exley, Watkins & Co.West Virginia Supreme Court · 1903
- Winters v. CherrySupreme Court of Missouri · 1883
- Ridgley v. StillwellSupreme Court of Missouri · 1859
- Huling v. RollMissouri Court of Appeals · 1891
- Ray v. BlackmanMissouri Court of Appeals · 1906
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