Ward v. Fagin
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon, Shepard Barclay, Judge. The third instruction given for plaintiffs was erroneous for the following reasons: (1) Between landlord and tenant there is no implied covenant on the part of the landlord that the premises are fit for the particular use which the tenant intends to make of them, or that the' building will endure during the entire term.
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Appeal from St. Louis City Circuit Court. — Hon, Shepard Barclay, Judge. The third instruction given for plaintiffs was erroneous for the following reasons: (1) Between landlord and tenant there is no implied covenant on the part of the landlord that the premises are fit for the particular use which the tenant intends to make of them, or that the' building will endure during the entire term. In the absence of a covenant, the landlord is not bound to keep the rented premises in repair, and is not liable for an injury to tenant due to non-repair. Peterson v. Smart, 70 Mo. 38; Morse v. Maddox,…
1Opinion of the CourtSherwood, J.
This cause arose in a justice’s court, was appealed to the circuit court and from there to the St. Louis court of appeals, and from thence transferred to this court under the provisiohs of the constitutional amendment of 1884.
It is a suit by a subtenant to recover from a lessee (his lessor) of certain property damages for injury to said subtenant’s stock of goods situated in the room rented. The terms of the first lease are not alleged nor disclosed, but it appears from the evidence that th§re was a lot of ground on which the Odd Fellows Association was having an excavation made ; that…
2Cases cited12 opinions
- Looney v. McLeanMassachusetts Supreme Judicial Court · 1880
- Purcell v. EnglishIndiana Supreme Court · 1882
- Doupe v. . GeninNew York Court of Appeals · 1871
- Howard v. DoolittleThe Superior Court of New York City · 1854
- Krueger v. FerrantSupreme Court of Minnesota · 1882
7 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Horton v. EarlySupreme Court of Oklahoma · 1913
- McGinley v. Alliance Trust Co.Supreme Court of Missouri · 1902
- Kohnle v. PaxtonSupreme Court of Missouri · 1916
- Mahnken v. GillespieSupreme Court of Missouri · 1931
- Glenn v. HillSupreme Court of Missouri · 1908
34 more not listed; retrieve them via the Exa API.