Smith v. Smith Bros.
Missouri Court of Appeals
Appeal from the Pettis Circuit Court. — Hon. Richabd Field, Judge. (1) The holding over of defendants after the expiration of their written lease constituted them tenants from month to month. Hammon v. Douglass, 50 Mo. 434 and 442; Griffith v. Letvis, 17 Mo. App. 605; Drey v. Doyle, 28 Mo.
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Appeal from the Pettis Circuit Court. — Hon. Richabd Field, Judge. (1) The holding over of defendants after the expiration of their written lease constituted them tenants from month to month. Hammon v. Douglass, 50 Mo. 434 and 442; Griffith v. Letvis, 17 Mo. App. 605; Drey v. Doyle, 28 Mo. App. 249. (2) After the expiration of the written lease, the defendants’ contract of renting being for a store in a town, and not being in writing, their tenancy was from month to month, and could not be terminated by them without giving plaintiffs one month’s notice in writing of their intention to…
1Opinion of the CourtSmith, P. J.
This is an action to recover rent. The undisputed evidence shows that the defendants were the occupying tenants of two certain store rooms in the city of Sweet Springs, under a written lease, terminating February 15,1892. That the plaintiffs and defendants, shortly before the termination of said lease, entered into a verbal modification thereof, by which it was agreed that the defendants should continue in the occupation of said store rooms until the first day of March following. The evidence tended to further show that it was also provided in said parol modification, that, if plaintiffs did…
2Cases cited4 opinions
- Brightman v. HicksMassachusetts Supreme Judicial Court · 1871
- Huling v. RollMissouri Court of Appeals · 1891
- Buck v. LewisMissouri Court of Appeals · 1891
- Nichols v. Commercial BankMissouri Court of Appeals · 1893
3Cited by7 opinions
- Rauth v. DennisonMissouri Court of Appeals · 1962
- Berner v. GebhardtMissouri Court of Appeals · 1901
- Polk v. MitchellMissouri Court of Appeals · 1928
- Polk v. MitchellMissouri Court of Appeals · 1928
- Longacre v. LongacreMissouri Court of Appeals · 1908
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