Delaney v. Flanagan
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. Both the lease and the sale were in the language of the statute “contracts for the leasing,” etc., of buildings, tenements, etc., in the city of St. Louis. Flanagan & Co. were liable, if at all, after June, 1886, .under an implied contract (not in writing) for the leasing of a building or tenement in the city of St. Louis.
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Appeal from the St. Louis City Circuit Court. — Hon. Jacob Klein, Judge. Both the lease and the sale were in the language of the statute “contracts for the leasing,” etc., of buildings, tenements, etc., in the city of St. Louis. Flanagan & Co. were liable, if at all, after June, 1886, .under an implied contract (not in writing) for the leasing of a building or tenement in the city of St. Louis. If this-be true they were, under the statute, tenants from month to month, and could terminate their tenancy by giving to the landlord or his agent one month’s notice, in writing, of their intention to…
1Opinion of the CourtRombauer, P. J.
The action is one by landlord against tenant, seeking to recover the rent for the year 1889 of certain premises in the city of St. Louis, and also the general and special taxes assessed against the property during said year, which are claimed to be due under an oral lease from year to year. -
The defense interposed is that the letting was one from month to month, and not from year to year, and that the defendant determined the tenancy by one month’s notice in writing, given prior to the expiration of the year 1888. No instructions were asked or given by either party, but, upon defendant’s…
2Cases cited3 opinions
- Kerr v. ClarkSupreme Court of Missouri · 1853
- Withnell v. PetzoldMissouri Court of Appeals · 1885
- Drey v. DoyleMissouri Court of Appeals · 1887
3Cited by4 opinions
- Ray v. BlackmanMissouri Court of Appeals · 1906
- Kilbourne v. ForesterMissouri Court of Appeals · 1970
- Minton v. SteinhauerSupreme Court of Missouri · 1912
- Edmonston v. WebbMissouri Court of Appeals · 1906