Gerhart Realty Co. v. Brecht
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. James R. Kinealy, Judge. (1) No notice of his intention to claim a renewal of the lease in question having been given by the defendant to the plaintiff, the renewal did not take effect, notwithstanding defendant remained in possession.
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Appeal from St. Louis City Circuit Court. — Hon. James R. Kinealy, Judge. (1) No notice of his intention to claim a renewal of the lease in question having been given by the defendant to the plaintiff, the renewal did not take effect, notwithstanding defendant remained in possession. Beller v. Robinson, 50 Mich. 264; Cooper v. Joy, 105 Mich. 375; Bradford v. Patton, 108 Mass. 153. A covenant to renew does not give the tenant the right to retain possession after the end of the original term. Finney v. Cist, 34 Mo. 303. (2) The quitting of the premises by defendant and the lease of the same…
1Opinion of the CourtGoode, J.
This is an action on a contract for the letting of a dwelling-house in the city of St. Louis. The house was let by written contract May 6, 1902, for the term of one year ending May 31, 1903, at a rental of forty dollars a month. The lease contained this clause: “The privilege is hereby given said lessee (Brecht) to renew this lease for an additional term of two years from expiration at the rate of $600 per annum or $50 per month, subject to the same covenants and conditions as herein contained, provided said lessee fulfills all conditions and stipulations herein promptly and satisfactorily,…
2Cases cited11 opinions
- Shane v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1879
- Huling v. RollMissouri Court of Appeals · 1891
- Livermore & Cooley v. Eddy's AdministratorSupreme Court of Missouri · 1863
- Churchill v. LammersMissouri Court of Appeals · 1895
- Bradford v. PattenMassachusetts Supreme Judicial Court · 1871
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3Cited by9 opinions
- Higgins v. StreetSupreme Court of Oklahoma · 1907
- Pelligreen v. Century Furniture & Appliance Co.Missouri Court of Appeals · 1975
- D. A. Schulte, Inc. v. HaasMissouri Court of Appeals · 1926
- State Ex Rel. State Highway Commission v. DemarcoMissouri Court of Appeals · 1969
- Medicus v. AltmanMissouri Court of Appeals · 1918
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