Corby v. McSpadden
Missouri Court of Appeals
Appeal from the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) The phrase “until the party of the first part is prepared to improve the ground with new buildings” is so indefinite as to be without effect in the sense contended for by defendant. Perhaps no other clause can be found so replete with want of precision. In the light of the testimony it has three distinct elements of uncertainty.
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Appeal from the Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) The phrase “until the party of the first part is prepared to improve the ground with new buildings” is so indefinite as to be without effect in the sense contended for by defendant. Perhaps no other clause can be found so replete with want of precision. In the light of the testimony it has three distinct elements of uncertainty. (2) If the clause is void, then the lease is one from month to month, for less than a year, within section 6371, and the written notice should have been allowed in evidence. (3) If this clause…
1Opinion of the CourtEllison, J.
This action is unlawful detainer, in which the judgment in the trial court was for defendant. Plaintiff, as party of the first part, by a written lease, containing, with an exception to be noted, the usual provisions found in leases of city property, leased to defendant at $55 per month certain real property in the city of St. Joseph. The exception just referred to is as to the duration of the lease, and it is over that provision that the ,case is being litigated. The pro*651vision is that the lease was to be “for a period of time commencing May 1, 1881, and until the party of the first part is…
2Cases cited4 opinions
- Miller v. . LeviNew York Court of Appeals · 1871
- Shaw v. HoffmanMichigan Supreme Court · 1872
- Lea v. HernandezTexas Supreme Court · 1853
- Murray v. CherringtonMassachusetts Supreme Judicial Court · 1868
3Cited by8 opinions
- Hill v. HunterCourt of Appeals of Texas · 1913
- Stanmeyer v. DavisAppellate Court of Illinois · 1944
- Idalia Realty & Development Co. v. NormanSupreme Court of Missouri · 1911
- McClain v. AbshireMissouri Court of Appeals · 1897
- Tate v. State Highway CommissionMissouri Court of Appeals · 1932
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