Macfarland v. Heim
Supreme Court of Missouri
Appeal from Jackson Circuit Court. (1) Before the making of the lease in suit, defendant was bound to plaintiff with a different tenant by a precisely similar lease for the payment of the rent of the same premises for the same time covered by the lease in suit. The lease in suit was assigned to defendant and he bound himself in writing to pay the rent. Defendant thus became bound by express contract and by operation of law.
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Appeal from Jackson Circuit Court. (1) Before the making of the lease in suit, defendant was bound to plaintiff with a different tenant by a precisely similar lease for the payment of the rent of the same premises for the same time covered by the lease in suit. The lease in suit was assigned to defendant and he bound himself in writing to pay the rent. Defendant thus became bound by express contract and by operation of law. The consideration thus disclosed was valuable, and hence sufficient. R. S. 1875, sec. 3095. Smith v. Brinker, 17 Mo. 148 and authorities under point 5, infra. (2) The…
1Opinion of the CourtSherwood, J.
Action on a written lease bearing date August 1, 1888, to recover rent from April, 1889, to December of that year, both months inclusive. Lau was the lessee, Heim the guarantor, and Ellen J. Macfarland and husband the lessors — the land belonging to-Mrs. Macfarland, who held it, so it is stated, “as her general estáte
Among the defenses set up by defendant in his answer, was a plea of failure of consideration, arising out of the fact that the alleged guaranty was signed by defendant long after the execution and delivery of the lease. The answer also denies an allegation of the petition that…
2Cases cited11 opinions
- Brobst v. BrockSupreme Court of the United States · 1871
- Henry v. SneedSupreme Court of Missouri · 1889
- Flesh v. LindsaySupreme Court of Missouri · 1893
- Mueller v. KaessmannSupreme Court of Missouri · 1884
- McMahan v. GeigerSupreme Court of Missouri · 1880
6 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Long v. MartinSupreme Court of Missouri · 1899
- Von De Veld v. JudySupreme Court of Missouri · 1898
- Mansue-Tebbetts Implement Co. v. RitchieSupreme Court of Missouri · 1898
- Greer v. Lafayette County BankSupreme Court of Missouri · 1895
- Sherwood v. Grand Avenue Railway Co.Supreme Court of Missouri · 1896
26 more not listed; retrieve them via the Exa API.