Berner v. Gebhardt
Missouri Court of Appeals
Appeal from Butler Circuit Court. — Hon. J. L. Fort, Judge. (1) The complaint does not state a cause of action under section 3321, Revised Statutes 1899, because it shows upon its face that the tenancy was from month to month, and does not show that plaintiff had terminated that tenancy by the requisite notice. There was no holding over after the expiration of the time for which the premises were demised or let.
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Appeal from Butler Circuit Court. — Hon. J. L. Fort, Judge. (1) The complaint does not state a cause of action under section 3321, Revised Statutes 1899, because it shows upon its face that the tenancy was from month to month, and does not show that plaintiff had terminated that tenancy by the requisite notice. There was no holding over after the expiration of the time for which the premises were demised or let. (2) The complaint does not state a cause of action under sections 4131, 4136, 4137, or 4138, Revised Statutes 1899, because it does not allege that any rent was due by the defendant…
1Opinion of the CourtGoode, J.
This action was begun before a justice of the peace on the following complaint: “Joe. O. Berner, plaintiff, complains of Frank D. Gebhardt, defendant, and says: That on the eighth day of December, 1899, the defendant was in possession of lots 3 and 4, in block 1, in Jones addition to the city of Poplar Bluff, in said township, as tenant from month to month, of the St. Louis Brewing Association, of the city of St. Louis, in the State of Missouri; that afterwards, on the same day above mentioned, the plaintiff purchased of and from the said St. Louis Brewing Association the above described…
2Cases cited7 opinions
- Gunn v. SinclairSupreme Court of Missouri · 1873
- Tarlotting v. BokernSupreme Court of Missouri · 1888
- Smith v. Smith Bros.Missouri Court of Appeals · 1895
- Leahy v. LubmanMissouri Court of Appeals · 1896
- Drey v. DoyleMissouri Court of Appeals · 1887
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3Cited by6 opinions
- Martin v. LorrenMissouri Court of Appeals · 1994
- Rauth v. DennisonMissouri Court of Appeals · 1962
- Davidson v. KenneyMissouri Court of Appeals · 1998
- Arbenz v. Exley, Watkins & Co.West Virginia Supreme Court · 1905
- Cieslinski v. ClarkMissouri Court of Appeals · 1949
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