Flanagan v. Lazerine
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. George E. Shields, Judge. Appellant, by staying in tbe premises after notice served' upon him by respondent, did not elect to pay respondent the increased amount of rent; for the reasons : (a) That the notice was illegal and void in the first instance, because in the alternative. Brewing Co. v. Miller, 124 Mo.
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Appeal from St. Louis City Circuit Court. — Eon. George E. Shields, Judge. Appellant, by staying in tbe premises after notice served' upon him by respondent, did not elect to pay respondent the increased amount of rent; for the reasons : (a) That the notice was illegal and void in the first instance, because in the alternative. Brewing Co. v. Miller, 124 Mo. App. 392. (b) Because both of their minds had not met upon the agreement as to the increased amount of rent, (c) That before a new contract can be created relative to the same subject-matter, the old agreement must be terminated; and, in…
1Opinion of the CourtNortoni, J.
This is a suit on account for rent. Plaintiff recovered and defendant prosecutes the appeal.
It appears that several years ago plaintiff let certain premises in the city of St. Louis to defendant at the agreed rental of $150' per month. The tenancy was from month to month only and defendant occupied the premises some three or four years before the institution of this suit. The1 present suit proceeds for the recovery of the rent for the month of November, 1909 (which, it is asserted, is $750), evidently on the theory that a new tenancy was created by the conduct of the parties subsequent to the…
2Cases cited9 opinions
- Rossiter v. ChesterMichigan Supreme Court · 1843
- Hunt v. BaileySupreme Court of Missouri · 1866
- Mead v. SpaldingSupreme Court of Missouri · 1887
- Baltimore Dental Ass'n v. FullerSupreme Court of Virginia · 1903
- Ayres v. DraperSupreme Court of Missouri · 1848
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- T.W.I.W., Inc. v. RhudyNew Mexico Supreme Court · 1981
- De Watteville v. SimsSupreme Court of Oklahoma · 1914
- Swanson v. PlowfieldSupreme Court of New Jersey · 1943
- Williams v. CareyMissouri Court of Appeals · 1949
- De Watteville v. SimsSupreme Court of Oklahoma · 1914