Koken Iron Works v. Kinealy
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. (1) By virtue of the oral agreement between plaintiff * and defendant in reference to the occupation of these premises, entered into after the execution of the deed of trust to defendant, and by virtue of defendant’s continued occupation and use of the premises for eight months thereafter, with the consent of plaintiff, and of his payment to plaintiff of forty dollars per month as rent therefor,…
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Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. (1) By virtue of the oral agreement between plaintiff * and defendant in reference to the occupation of these premises, entered into after the execution of the deed of trust to defendant, and by virtue of defendant’s continued occupation and use of the premises for eight months thereafter, with the consent of plaintiff, and of his payment to plaintiff of forty dollars per month as rent therefor, defendant became a tenant of plaintiff. Wilkinson v. Wilkinson, 62 Mo. App. 249; Taylor’s Landlord and Tenant, sec. 19; Wood’s…
1Opinion of the CourtBond, J.
This is a landlord’s summons for the recovery of two months’ rent of certain premises in this city at the rate of $40 per month, begun before one justice, taken by a change of venue to another, and carried by appeal from his decision to the circuit court, where it was shown on a trial de novo that plaintiff, the owner of the premises, had leased them in 1895 to the Grant Quarry Company for an indefinite period at a monthly rental of $40, the lease providing that it might be terminated by either party upon three months’ written notice; that on June 8,1898,the lessees,the Grant Quarry Company,…
2Cases cited4 opinions
- Taylor v. Davis' AdministratrixSupreme Court of the United States · 1884
- Combs v. Midland Transfer Co.Missouri Court of Appeals · 1894
- Yeakle v. PriestMissouri Court of Appeals · 1895
- Withnell v. PetzoldSupreme Court of Missouri · 1891
3Cited by6 opinions
- Denvir v. ParkMissouri Court of Appeals · 1912
- Farmers & Merchants State Bank v. Estate of RatliffMissouri Court of Appeals · 1927
- Miller Franklin & Co. v. GentryMissouri Court of Appeals · 1935
- Shannon v. MastinMissouri Court of Appeals · 1908
- Breid v. MintrupMissouri Court of Appeals · 1920
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