Sedalia Planing Mill & Lumber Co. v. Swift & Co.
Missouri Court of Appeals
Appeal from Pettis Circuit Court. — Eon. Louis Hoffman, Judge. (1) Where the building destroyed constitutes the entire subject-matter of the contract or lease the leasee is relieved against an express covenant to pay rent. The consideration to the tenant to pay the rent is .based upon his occupancy of the premises and the benefits derived therefrom. When the premises are destroyed the consideration fails. 7 Am. and Eng. Ency.
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Appeal from Pettis Circuit Court. — Eon. Louis Hoffman, Judge. (1) Where the building destroyed constitutes the entire subject-matter of the contract or lease the leasee is relieved against an express covenant to pay rent. The consideration to the tenant to pay the rent is .based upon his occupancy of the premises and the benefits derived therefrom. When the premises are destroyed the consideration fails. 7 Am. and Eng. Ency. (2 Ed.), p. 147; Whitaker v. Hawley, 25 Kan. 692; Wattles v. Ice & Coal Co., 36 L. R. A. 424; 12 Am. and Eng. Ency. Law, 721; Porter v. Tull, 22 L. R. A. 613. (1) Where…
1Opinion of the CourtBroaddus, P. J.
This is a suit for rent of certain premises. The property in controversy was leased by plaintiff to defendant for a term of years at a rental of $42.50 per month. The property consisted principally of a building and platforms and was used by defendant in its business of buying and shipping large quantities of poultry. During the life of the lease the building was totally destroyed by fire. There was no evidence that the fire was caused by the negligence of defendant. The plaintiff at the time of the fire held a policy of insurance of $1,000 on the building which he collected. The fire…
2Cases cited2 opinions
- O'Neil v. FlanaganMissouri Court of Appeals · 1895
- Gibson v. PerrySupreme Court of Missouri · 1860
3Cited by6 opinions
- Blanchon v. Kellerstrass Distilling Corp.Missouri Court of Appeals · 1919
- Gralnick v. MagidSupreme Court of Missouri · 1922
- Japhet v. PolemanakosCourt of Appeals of Texas · 1913
- Kennedy v. WattsMissouri Court of Appeals · 1910
- Neff v. American Steel & Wire Co.Missouri Court of Appeals · 1923
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