Jackson v. Eddy
Supreme Court of Missouri
APPEAL FROM ST. LOUIS COURT OF COMMON PLEAS. The judgment ought to be reversed for the following reasons : 1st. Because the condition in which the premises were, when leased to tVe defendant) was not afterwards changed, and the defendants before they entered, knew the situation of the premises, the dampness in the rear of the store, and agreed lb repair, by reason of which they had no right to abandon for any cause existing at the time of their entrance into possession.
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APPEAL FROM ST. LOUIS COURT OF COMMON PLEAS. The judgment ought to be reversed for the following reasons : 1st. Because the condition in which the premises were, when leased to tVe defendant) was not afterwards changed, and the defendants before they entered, knew the situation of the premises, the dampness in the rear of the store, and agreed lb repair, by reason of which they had no right to abandon for any cause existing at the time of their entrance into possession. Westlake vs. De Graw 25 Wen. N. Y. 669. 2d. There was evidence showing the occupancy of defendants during the third quarter)…
1Opinion of the Court
McBride, judge,
delivered the opinion of -the court.
This was an action of assumpsit brought by Jackson against Eddy in the St. Louis court of common pleas. The declaration contained three counts: the first two were upon a letting in writing, not under seal, from the appellant to the appellee of a certain cellar and room next above, of a store in St. Louis from 1st Feb. 1845 until 1st Nov. following, being nine months, for $487 50, payable quarterly the sum of $162 50. The third count was indebitatus assumpsit for $375 owing said appellant by said appellee for the use of said premises See. The…
2Cases cited1 opinion
- Dyett v. PendletonCourt for the Trial of Impeachments and Correction of Errors · 1826
3Cited by20 opinions
- Keating v. SpringerIllinois Supreme Court · 1893
- National Hollow Brake Beam Co. v. BakewellSupreme Court of Missouri · 1909
- Wusthoff v. SchwartzWashington Supreme Court · 1903
- Leech v. HusbandsSuperior Court of Delaware · 1930
- Geer v. Boston Little Circle Zinc Co.Missouri Court of Appeals · 1907
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