Vromania Apartments Co. v. Goodman
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Jas. E. Withrow, Judge. (1) In the absence of an express undertaking to that effect, a landlord is not hound to keep the demised premises in tenantable repair, and it is no defense to a suit for rent agreed upon that the building had become dilapidated and unsafe so that tenant was compelled to leave it. Burnes v. Fuchs, 28 M'o. App. 279; Eoberts v. Cottey, 100 Mo. App. 503; Johnson v. Snow, 102 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Jas. E. Withrow, Judge. (1) In the absence of an express undertaking to that effect, a landlord is not hound to keep the demised premises in tenantable repair, and it is no defense to a suit for rent agreed upon that the building had become dilapidated and unsafe so that tenant was compelled to leave it. Burnes v. Fuchs, 28 M'o. App. 279; Eoberts v. Cottey, 100 Mo. App. 503; Johnson v. Snow, 102 Mo. App. 241; Eutledge v. Quinlan, 127 Mo. App. 419; Mfg. Co. v. O’Eeilly, 197 Mo. 476. (2) A constructive eviction of the landlord by his tenant,…
1Opinion of the CourtGoode, J.
Plaintiff corporation owns a large apartment building in the city of St. Louis, in which, by a lease dated October 15, 1906, it let to defendant a first-floor suite or apartment for five years from said date, at a rental of one hundred dollars a month in advance. At that time the building had just been completed. Defendant occupied the apartment in comfort *657until some time in the ensuing February, when the plaster on the ceilings and walls began to crack and give way. He called the attention of plaintiff’s vice-president to the faults, which progressively grew worse until, in the spring, the…
2Cases cited4 opinions
- Benoist v. Darby ex rel. CamdenSupreme Court of Missouri · 1848
- Cady v. CoatesMissouri Court of Appeals · 1903
- State ex rel. Nicholson v. RombauerSupreme Court of Missouri · 1869
- Ver Steeg v. Becker-Moore Paint Co.Missouri Court of Appeals · 1904
3Cited by6 opinions
- A. Graf Distilling Co. v. WilsonMissouri Court of Appeals · 1913
- Dolph v. BarryMissouri Court of Appeals · 1912
- Smith v. RodickMissouri Court of Appeals · 1956
- Barr v. HaysMissouri Court of Appeals · 1913
- Ray Realty Co. v. HoltzmanMissouri Court of Appeals · 1938
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