Tetley v. McElmurry
Supreme Court of Missouri
Appeal from St. Francois Circuit Court.— Hon. B. A. Anthony, Judge. (1) Forfeitures aré not favored by law, and all conditions and provisions in contracts providing for forfeitures must be strictly construed, and that construction adopted, if at all permissible, which will avoid the forfeiture. McCollum v. Ins. Co., 61 Mo. App. 352; Wheless v. St. Louis, 90 Mo. App. 106; Knight v. Orchard, 92 Mo.
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Appeal from St. Francois Circuit Court.— Hon. B. A. Anthony, Judge. (1) Forfeitures aré not favored by law, and all conditions and provisions in contracts providing for forfeitures must be strictly construed, and that construction adopted, if at all permissible, which will avoid the forfeiture. McCollum v. Ins. Co., 61 Mo. App. 352; Wheless v. St. Louis, 90 Mo. App. 106; Knight v. Orchard, 92 Mo. App. 466; Hernán v. Wade, 140 Mo. 340; Garnhart v. Finney, 40 Mo. 460; Gratz v. Railroad, 165 Mo. 217.. (2) The acceptance, by plaintiff, of the monthly payments without objection, for the period of…
1Opinion of the CourtLamm, J.
Plaintiff sued defendant in ejectment (in conventional form) in the circuit court of St. Francois county for “Leased lot No. 1 in Block ‘C’ of East Flat River, Missouri,” laying his ouster as of April 1, 1901. An equitable answer was interposed asking affirmative relief, thus putting the case in equity. A decree went for plaintiff, from which defendant appeals.
It seems plaintiff owned a leasehold in said lot, running for a term of twenty years at a ground rent of ten dollars per year, payable quarterly; that he biiilt a dwelling house thereon, and presently entered into a contract with…
2Cases cited8 opinions
- Big Six Development Co. v. MitchellCourt of Appeals for the Eighth Circuit · 1905
- Messersmith v. MessersmithSupreme Court of Missouri · 1856
- McCollum v. Niagara Fire InsuranceMissouri Court of Appeals · 1895
- Knight v. OrchardMissouri Court of Appeals · 1902
- Watson v. GrossMissouri Court of Appeals · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Aden v. DaltonSupreme Court of Missouri · 1937
- Tamko Asphalt Products, Inc. v. FenixMissouri Court of Appeals · 1959
- Ideal Pump & Manufacturing Co. v. American Central InsuranceMissouri Court of Appeals · 1912
- Korneman v. DavisSupreme Court of Missouri · 1920
- Wood v. White Eagle Oil & Refining Co.Missouri Court of Appeals · 1925
10 more not listed; retrieve them via the Exa API.