Neiswanger v. Squier
Supreme Court of Missouri
Appeal from Jackson Special Law and Equity Court. — Hon. R. E. Cowan, Judge. This was an action for the.conversion of a frame building. The petition was as follows : On April 1st, 1875, plaintiffs were the owners and in possession of the frame building situated on the southwest corner of Fifth and Wyandotte streets, in Nansas City, Missouri, being then used by plaintiffs as a livery, sale and feed stable.
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Appeal from Jackson Special Law and Equity Court. — Hon. R. E. Cowan, Judge. This was an action for the.conversion of a frame building. The petition was as follows : On April 1st, 1875, plaintiffs were the owners and in possession of the frame building situated on the southwest corner of Fifth and Wyandotte streets, in Nansas City, Missouri, being then used by plaintiffs as a livery, sale and feed stable. On said April 1st, 1875, plaintiffs delivered said building and the possession thereof to defendant, to be returned by defendant to plaintiffs upon demand made by plaintiffs. On January…
1Opinion of the Court
*198i.
Sherwood, O. J.
By the terms of the lease the right of plaintiffs to remove the building during their term was granted. That lease, before its expiration, was extended with all the incidents of the original lease, inclusive of the right of removing the building which had been erected. This verbal agreement is not obnoxious to the objection that it was not evidenced by a note or memorandum in writing. For where, as in this instance, there is a holding over by mutual consent, or by consent express or implied, the right of the tenant after the termination of the original lease, to remove the…
2Cases cited8 opinions
- Schroeppel v. CorningNew York Supreme Court · 1848
- Spencer v. VanceSupreme Court of Missouri · 1874
- Williams v. WallSupreme Court of Missouri · 1875
- Hines v. AmentSupreme Court of Missouri · 1869
- Finney's Trustees v. City of St. LouisSupreme Court of Missouri · 1866
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Independence Flying Service, Inc. v. AilshireSupreme Court of Missouri · 1966
- Independence Flying Service, Inc. v. AbitzSupreme Court of Missouri · 1965
- Cox v. McKinneyMissouri Court of Appeals · 1923
- Nance v. MetcalfMissouri Court of Appeals · 1885
- Red Diamond Clothing Co. v. SteidemannMissouri Court of Appeals · 1912
5 more not listed; retrieve them via the Exa API.