Dolph v. Barry
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. D. Fisher, Judge. (1) The court should have given appellant’s instruction No. 1 to find for plaintiff in the amount sued for, because, aside from the insufficiency of respondent’s evidence as to the leased premises beinguntenantable, the respondent’s evidence as to vacating said premises is not tenable; it appearing that respondent’s tenant remained after such alleged vacating and during all the time covered by appellant’s…
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Appeal from St. Louis City Circuit Court. — Hon. D. Fisher, Judge. (1) The court should have given appellant’s instruction No. 1 to find for plaintiff in the amount sued for, because, aside from the insufficiency of respondent’s evidence as to the leased premises beinguntenantable, the respondent’s evidence as to vacating said premises is not tenable; it appearing that respondent’s tenant remained after such alleged vacating and during all the time covered by appellant’s claim for rent in possession of the second and third stories of the leased building. Bless v. Jenkins, 129 Mo. 647;…
1Opinion of the CourtNortoni, J.
This -is a suit for rent. Defense is made to the rent charge on the ground of a constructive eviction, which operated a breach, on the part of plaintiff, of the covenant for quiet enjoyment implied in the lease, and, furthermore, defendant interposed a counterclaim for damages accrued through plaintiff’s breach of an express covenant in the lease for repairs. The finding and judgment were for defendant and against plaintiff on the cause of action for rent declared upon in the petition and defendant’s counterclaim set forth in the answer. From this judgment plaintiff prosecutes the appeal.
Plain…
2Cases cited9 opinions
- Jackson v. EddySupreme Court of Missouri · 1848
- Witte v. QuinnMissouri Court of Appeals · 1890
- Ball v. Royal InsuranceMissouri Court of Appeals · 1908
- Burnham v. MartinIllinois Supreme Court · 1878
- Vromania Apartments Co. v. GoodmanMissouri Court of Appeals · 1909
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3Cited by9 opinions
- Pipefitters Welfare Educational Fund v. Westchester Fire Insurance CompanyCourt of Appeals for the Seventh Circuit · 1993
- Pipefitters Welfare Educational Fund v. Westchester Fire InsuranceCourt of Appeals for the Seventh Circuit · 1992
- King v. MooreheadMissouri Court of Appeals · 1973
- Bryan v. VaughnMissouri Court of Appeals · 1979
- Leifman v. PercanskySupreme Court of Minnesota · 1932
4 more not listed; retrieve them via the Exa API.