Clemens v. Knox
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Hon. James A. Seddon, Judge. The court improperly sustained the demurrer of plaintiff to part of defendant’s answer. It appeared by the plaintiff’s petition that as a condition precedent “the rate of rent for the extended term had to be agreed upon,” and it nowhere appeared in said petition that such agreement was made.
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Appeal from the St. Louis Circuit Court, Hon. James A. Seddon, Judge. The court improperly sustained the demurrer of plaintiff to part of defendant’s answer. It appeared by the plaintiff’s petition that as a condition precedent “the rate of rent for the extended term had to be agreed upon,” and it nowhere appeared in said petition that such agreement was made. If any of the matter pleaded tendered any defence, in whole or in part, to the action, the demurrer was improperly sustained. Justice v. Town, 20 Mo. App. 559; County r>. Sappington, 64 Mo. 72. It was stated in the answer of defendant…
1Opinion of the Court
Thompson, .1.,
delivered the opinion of the court.
The plaintiff, by a written lease, demised to one Carroll a lot in the city of St. Louis, for a term of two years and ten months, beginning March 1, 1879, and expiring December 31, 1881, at a rental of four hundred dollars per annum, payable quarterly in advance. The lease contained the following provision :
“ That, in addition to the annual rent aforesaid, the said party of the second part, or his legal representatives, shall pay all assessments and taxes, of every description, nature or kind whatsoever, whether general or special tax, that may…
2Cases cited2 opinions
- Anderson v. HollandSupreme Court of Missouri · 1867
- Strohmeyer v. ZeppenfeldMissouri Court of Appeals · 1887
3Cited by7 opinions
- Coleman v. Jackson CountySupreme Court of Missouri · 1942
- Bowman v. RahmoellerSupreme Court of Missouri · 1932
- Hellmuth v. BenoistMissouri Court of Appeals · 1910
- Rice v. McFarlandMissouri Court of Appeals · 1890
- Chandler v. GordaSupreme Court of Missouri · 1964
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