Levering Investment Co. v. Lewis
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. —lion. Wm. M. Kinsey, Judge. (1) The construction of documents or writings in evidence is a question of law, and it is the duty of the court to construe them and state to the jury" their terms and legal effect. 38 Cyc. 1522; Liggett v. Bank, 233 Mo. 529; Milstead v. Equitable Mortgage Co., 49 Mo. App. 191; Mounty, Rec., v. Neighbors Imp. & Y. Co., 195 Mo. App. 21..
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Appeal from the Circuit Court of the City of St. Louis. —lion. Wm. M. Kinsey, Judge. (1) The construction of documents or writings in evidence is a question of law, and it is the duty of the court to construe them and state to the jury" their terms and legal effect. 38 Cyc. 1522; Liggett v. Bank, 233 Mo. 529; Milstead v. Equitable Mortgage Co., 49 Mo. App. 191; Mounty, Rec., v. Neighbors Imp. & Y. Co., 195 Mo. App. 21.. (2) A notice of intent to terminate a tenancy must be clear, unequivocal and unconditional. 1 McAdam on Landlord & Tenant, pp. 593 and 596-; . Ayers v. Draper, 11 Mo. 548;…
1Opinion of the CourtReynolds, P. J.
— On January 25, 1915, plaintiff filed its amended petition upon which the case went to trial, to recover a year’s rent of certain premises owned by plaintiff and leased to the defendant. It is averred that it is provided in the lease that the defendant should give plaintiff formal written notice at least thirty days before the expiration of the lease, as *681to whether or not he would surrender the premises at the end of the lease, or would exercise an option given him by the lease to renew it for another term of one year; that defendant failed to give any notice to plaintiff of his intentions;…
2Cases cited6 opinions
- Primm v. HarenSupreme Court of Missouri · 1858
- Conqueror Zinc & Lead Co. v. Aetna Life InsuranceMissouri Court of Appeals · 1911
- Huth v. Carondelet Marine Railway & Dock Co.Supreme Court of Missouri · 1874
- Halbert v. HalbertSupreme Court of Missouri · 1855
- Mantz v. MaguireMissouri Court of Appeals · 1892
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