Crawley v. Mullins
Supreme Court of Missouri
Appeal from Adair Circuit Court. Defendant was in peaceable possession under a written lease for one year, and the lease cannot be construed as containing a clause of forfeiture.
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Appeal from Adair Circuit Court. Defendant was in peaceable possession under a written lease for one year, and the lease cannot be construed as containing a clause of forfeiture. (Jackson v. Sil ver nail, 15 Johns. 278; Jackson v. Harrison, 17 Johns. 66; Burns v. McCubbin, 3 Kan. 221; Tylef on Eject. 286 ; Taylor on Land, and Ten., §§ 277-8, 291.) Though there is a covenant to surrender in a certain event which takes place, yet the lessor cannot enter and expel the lessee unless the right of' re-entry is reserved in the lease. (1 Washb. Real Prop. 321.) cited in argument Wil-lison v. Watkins,…
1Opinion of the CourtBliss, Judge
Action for unlawful detainer. The plaintiff had leased a sawmill and dwelling-house to defendant for one year. No money rent was to be paid, but the lease was conditioned that the defendant was to run the mill in a careful and skillful manner; was to put in his arid his boys’ time against the capital invested in the mill, pay half the expenses of running, take care of tools and mill, etc.; in consideration of which the plaintiff was to furnish him the use of a dwelling-house, and the proceeds of the mill were to be divided between them. After running the mill a few months, the defendant went…
2Cases cited1 opinion
- Schuisler & Donnell v. AmesSupreme Court of Alabama · 1849
3Cited by4 opinions
- Mullaney v. McReynoldsMissouri Court of Appeals · 1913
- Hoodenpyle v. Tactor Industries, Inc.Missouri Court of Appeals · 1979
- Creelman Lumber Co. v. DeLisleMissouri Court of Appeals · 1904
- Maclary v. TurnerSupreme Court of Delaware · 1894