St. Louis Brewing Ass'n v. Niederluecke
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — How. D. G. Taylor, Judge. (1) A tenant may attorn to a subsequent assignee of his landlord either by payment of rent or surrender of possession to him. Pentz v. Kuester, 41 Mo. 447; Holden v. Mann, 43 Mo. App. 640; Gunn v. Sinclair, 52 Mo. 327; May v. Luckett, 54 Mo. 437. (2) Unlawful detainer will not lie against one who was not in possession at the time suit was instituted. Loan v. Smith, 76 Mo.
Read the full summary
Appeal from St. Louis City Circuit Court. — How. D. G. Taylor, Judge. (1) A tenant may attorn to a subsequent assignee of his landlord either by payment of rent or surrender of possession to him. Pentz v. Kuester, 41 Mo. 447; Holden v. Mann, 43 Mo. App. 640; Gunn v. Sinclair, 52 Mo. 327; May v. Luckett, 54 Mo. 437. (2) Unlawful detainer will not lie against one who was not in possession at the time suit was instituted. Loan v. Smith, 76 Mo. App. 510; Armstrong v. Hendrick, 67 Mo. 542. (3) The writing “Exhibit A,” under which Dunkhorst claims, is a lease and not a mere agreement for a lease.…
1Opinion of the CourtGoode, J.
Unlawful detainer for a store building and an appurtenant warehouse. Plaintiff claims under a lease executed to it by Kuhlman, the owner of the premises, for a five-year term running from October 1, 1902, and defendant Dunkhorst under an instrument asserted to be a lease, executed by Kuhlman prior to the lease to plaintiff. Said instrument reads:
‘ ‘ St. Louis, Mo., May 7,1901.
* ‘I hereby agree to give a lease to Henry L.-Dunkhorst for a term of five years on the grocery store and saloon; also warehouse next to it, the cellar underneath, stable and shed for horse and wagon; also use of yard…
2Cases cited9 opinions
- Hurst v. DulanySupreme Court of Virginia · 1888
- Orrick v. St. Louis Public SchoolsSupreme Court of Missouri · 1862
- Armstrong v. HendrickSupreme Court of Missouri · 1878
- Minturn v. BurrCalifornia Supreme Court · 1860
- Kingman v. AbingtonSupreme Court of Missouri · 1874
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Ver Steeg v. Becker-Moore Paint Co.Missouri Court of Appeals · 1904
- Northwest Theatres Co. v. HansonCourt of Appeals for the Ninth Circuit · 1925
- Slover v. KramerMissouri Court of Appeals · 1921
- Welden Damm v. Myers HinzMissouri Court of Appeals · 1923