Sharon v. American Fidelity Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. Jas. E. Goodrich, Judge. The lessor re-entered and took the premises from the lessee and declared the lease forfeited and void about six months before the time provided in the lease for making the improvements had expired.
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Appeal from Jackson Circuit Court. — Eon. Jas. E. Goodrich, Judge. The lessor re-entered and took the premises from the lessee and declared the lease forfeited and void about six months before the time provided in the lease for making the improvements had expired. By these acts he released the lessee from all liabilities under the lease which had not been incurred, including the obligation to make the improvements, and consequently there is no right of action against the defendant as surety on the bond, and the lower court committed error in refusing the demurrer to the evidence, and in…
1Opinion of the CourtEllison, P. J.
Plaintiff is the lessor of certain real property in Kansas City and defendant is the surety of the lessee that the latter would perform his obligations for making certain improvements stated “in the lease. The lessee failed in performance of portions of his undertaking and plaintiff instituted this action against defendant as his surety. The judgment in the trial court was for the plaintiff.
It appears that the lease was made to George H. Kersting for the period of ninety-nine years. The foL lowing provisions thereof bear upon the present controversy, viz.:
“For the first four months the lessee…
2Cases cited8 opinions
- Grommes v. St. Paul Trust Co.Illinois Supreme Court · 1893
- American Bonding Co. of Baltimore v. Pueblo Inv. Co.Court of Appeals for the Eighth Circuit · 1906
- Watson v. MerrillCourt of Appeals for the Eighth Circuit · 1905
- Lamson Consol. Store Service Co. v. BowlandCourt of Appeals for the Sixth Circuit · 1902
- The Home Life Ins. Co. v. . ShermanNew York Court of Appeals · 1871
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3Cited by9 opinions
- Floro Realty & Inv. Co. v. Steem Electric CorporationCourt of Appeals for the Eighth Circuit · 1942
- Von Schleinitz v. North Hotel Co.Supreme Court of Missouri · 1929
- Simon v. KirkpatrickSupreme Court of South Carolina · 1927
- Amerigo J. Stella v. Depaul Community Health Center, Inc.Court of Appeals for the Eighth Circuit · 1981
- Keton v. SilbertCourt of Appeals of Texas · 1923
4 more not listed; retrieve them via the Exa API.