Scully v. Murray
Supreme Court of Missouri
Appeal from Law Commissioner’s Cowrt. I. The evidence showed that the entry was under a parol agreement for a written lease for a term of years, which was often demanded by the defendant, and as often refused by the plaintiff. (Anderson v. Prindle, 23 Wend. 616; Tay. Land. & Ten. ^ 60.) I. The contract proven on the trial wás a verbal renting for a term of years; this created a tenancy from year to year and not from month to month.
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Appeal from Law Commissioner’s Cowrt. I. The evidence showed that the entry was under a parol agreement for a written lease for a term of years, which was often demanded by the defendant, and as often refused by the plaintiff. (Anderson v. Prindle, 23 Wend. 616; Tay. Land. & Ten. ^ 60.) I. The contract proven on the trial wás a verbal renting for a term of years; this created a tenancy from year to year and not from month to month. The case at bar is exactly parallel with the case of Kerr v„ Clark, 19 Mo. 132. II. Defendant having occupied the premises in, question a year and ten months under…
1Opinion of the CourtBates, Judge
This suit was brought to recover the rent of a house for one month. Plaintiff, by parol, rented a house to defendant for six years, at a rent payable monthly. This lease being followed by occupancy and the payment of rent, though declared by the statute of frauds to create only a tenancy at will, has the effect of creating a tenancy from year to year. (Kerr v. Clark, 19 Mo. 132; Tay. Land. & Ten., § 70.)
The defendant left the house and tendered the key to the plaintiff, which he refused; and this suit is for the rent for one month after the defendant had left the house. The defendant gave…
2Cases cited2 opinions
- Anderson v. PrindleCourt for the Trial of Impeachments and Correction of Errors · 1840
- Kerr v. ClarkSupreme Court of Missouri · 1853
3Cited by7 opinions
- Arbenz v. Exley, Watkins & Co.West Virginia Supreme Court · 1903
- Ray v. BlackmanMissouri Court of Appeals · 1906
- Kroeger v. BohrerMissouri Court of Appeals · 1906
- Hosli v. YokelMissouri Court of Appeals · 1894
- Womach v. JenkinsMissouri Court of Appeals · 1908
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