Prior v. Kiso
Supreme Court of Missouri
Error to Cole Circuit Court.—Hon. E. L. Edwards, Judge. The separate answer of John Kiso expressly admits that under the contract of lease he and Hermann Kiso entered into possession of the leased premises, except as afterward stated, did the work and labor and paid for the rent for fifteen months, as alleged in the petition. The lessees having so ratified and acquiesced in the possession given, cannot now complain of its insufficiency.
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Error to Cole Circuit Court.—Hon. E. L. Edwards, Judge. The separate answer of John Kiso expressly admits that under the contract of lease he and Hermann Kiso entered into possession of the leased premises, except as afterward stated, did the work and labor and paid for the rent for fifteen months, as alleged in the petition. The lessees having so ratified and acquiesced in the possession given, cannot now complain of its insufficiency. Crommelin v. Theiss, 31 Ala. 412; Cram v. Dieser, 2 Sandf. (N. Y.) 121; Hart v. Hardin, 43 Mo. 171. The lessees having by their conduct and payment of rent,…
1Opinion of the Court
Philips, C.—In
September, 1872, the plaintiff leased to John and. Herman Kiso, for a term of five years, certain premises in Osage county, consisting of a grist and sawmill, a farm appurtenant, with blacksmith shop and ferry over the Gasconade river. Plaintiff’ was to put the lessees in possession on October 1st, following. Plaintiff was to make certain repairs, and was to pay the defendants for the same in case he neglected it, etc. Defendants were to pay a rental of $2,000 a year, payable quarterly, beginning on the first day of January, 1873.
On the same day the defendants, on another paper,…
2Cases cited9 opinions
- Bethune v. DozierSupreme Court of Georgia · 1851
- Blair v. Perpetual InsuranceSupreme Court of Missouri · 1847
- Graham v. RingoSupreme Court of Missouri · 1878
- Central Savings Bank v. ShineSupreme Court of Missouri · 1871
- State ex rel. Watts v. BoonSupreme Court of Missouri · 1869
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Huling v. RollMissouri Court of Appeals · 1891
- Prior v. KisoSupreme Court of Missouri · 1888
- Jones v. BarnesMissouri Court of Appeals · 1891
- National Surety Co. v. George E. Breece Lumber Co.Court of Appeals for the Tenth Circuit · 1932
- Buck v. LewisMissouri Court of Appeals · 1891
7 more not listed; retrieve them via the Exa API.