Murphy v. Century Building Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) A tenant who willfully, repeatedly and flagrantly violates the terms and conditions of his tenancy, forfeits his rights thereunder, and may lawfully be evicted by his landlord. 11 Am. and Eng. Ency. of Law (2 Ed.), p. 468; Smith v. Thurston, 19 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) A tenant who willfully, repeatedly and flagrantly violates the terms and conditions of his tenancy, forfeits his rights thereunder, and may lawfully be evicted by his landlord. 11 Am. and Eng. Ency. of Law (2 Ed.), p. 468; Smith v. Thurston, 19 Mo. App. 48. (2) Where a tenant has been unlawfully evicted, the measure of his damages is the difference between the value of the unexpired term and the rent reserved. Sehlemmer v. North, 32 Mo. 206; Mack v. Patchin, 42 N. Y. 167; 1 Taylor on Landlord and Tenant (8 Ed.), ch.…
1Opinion of the CourtGoode, J.
Respondent is an attorney at law, who occupied an office room in the Century Building in the city of St. Louis, prior to the eighteenth day of July, 1900. On said day the superintendent of the building locked respondent’s office door without previously notifying him, refused him permission to again enter the room or, do business in it and forced him to move out of the building, although his term would not have expired until the last day of the month. This was done on account of several quarrels and affrays respondent had in his office, and in the halls of the building, and the consequent…
2Cases cited6 opinions
- Christian v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1898
- Tomlinson v. EllisonSupreme Court of Missouri · 1891
- Gildersleeve v. OverstolzMissouri Court of Appeals · 1901
- Plummer v. City of MilanMissouri Court of Appeals · 1899
- Harrington v. City of SedallaSupreme Court of Missouri · 1889
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3Cited by5 opinions
- Boyd v. Boone Management, Inc.Missouri Court of Appeals · 1984
- Edwards v. CollinsMissouri Court of Appeals · 1917
- Strauel v. LubeleyMissouri Court of Appeals · 1915
- Levy v. McClintockMissouri Court of Appeals · 1910
- Oth v. Wabash RailroadMissouri Court of Appeals · 1912