Phillips v. Burrows
Missouri Court of Appeals
Appeal from the Bates Circuit Court. — Hon. James H. Lay, Judge. (1) We contend that if Phillips authorized the subletting for $40 and consented that Epperson should give his note to Eeely for the rent and told Eeely to collect it, that he would look to him and not to Epperson for the rent; that if Epperson did pay his rent note, as thus agreed, that Phillips should be estopped from collecting rent from the Epperson crop. Slight acts will show waiver of a lien.
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Appeal from the Bates Circuit Court. — Hon. James H. Lay, Judge. (1) We contend that if Phillips authorized the subletting for $40 and consented that Epperson should give his note to Eeely for the rent and told Eeely to collect it, that he would look to him and not to Epperson for the rent; that if Epperson did pay his rent note, as thus agreed, that Phillips should be estopped from collecting rent from the Epperson crop. Slight acts will show waiver of a lien. Garnhart v. Finney, 40 Mo. 449; Griffith v. Gilum, 31 Mo. App. 33; Goeing v. Outhouse, 95 111. 346; Finney v. Wells, 10 Conn. 103;…
1Opinion of the CourtSmith, P. J.
This action originated before a justice of the peace. The case is about this:
The plaintiff rented his farm to one Feely, for the annual cash rent of $140. Feely, with consent of the plaintiff, sublet part of the farm to Epperson. It appears that when plaintiff gave his consent to the subletting of part of the farm to Epperson, he told Feely that he would look to him for the rent.
Defendant bought of Epperson and hauled away, about one hundred and fifteen bushels of corn, knowing that it had been grown on the demised premises. *354Eeely failed to pay the rent and thereupon the plaintiff brought an…
2Cases cited4 opinions
- Ridgley v. StillwellSupreme Court of Missouri · 1859
- Hicks v. MartinMissouri Court of Appeals · 1887
- Willis v. StevensMissouri Court of Appeals · 1887
- Hulett v. StockwellMissouri Court of Appeals · 1887
3Cited by5 opinions
- Jacobson v. AtkinsSupreme Court of Arkansas · 1912
- Sandige v. HillMissouri Court of Appeals · 1897
- Kelchner v. MorrisMissouri Court of Appeals · 1898
- Morris v. McMahanMissouri Court of Appeals · 1898
- Pitman v. 16 To 1 Mining Co.Missouri Court of Appeals · 1899