Legal Opinion

Deaver v. Randall

Missouri Court of Appeals

Decided February 19, 1878PublishedCited by 5 opinions

Appeal from St. Louis Circuit Court. ' The lease fixed the time when the term should expire, and neither party was entitled to notice. — Young v. Smith, 28 Mo. 65 ; Grant: v. White, 42 Mo. 285 ; Stephens v. Brown, 56 Mo. 25 ; 52 Mo., 330. After the expiration of the term, the lessee was not a tenant from month to month, but a tenant at suffer.ance. — 2 Bla.

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Appeal from St. Louis Circuit Court. ' The lease fixed the time when the term should expire, and neither party was entitled to notice. — Young v. Smith, 28 Mo. 65 ; Grant: v. White, 42 Mo. 285 ; Stephens v. Brown, 56 Mo. 25 ; 52 Mo., 330. After the expiration of the term, the lessee was not a tenant from month to month, but a tenant at suffer.ance. — 2 Bla. Comm., side p. 150 ; 4 Kent’s Comm. 116 ; 1 Washb. 533; Dame v. Dame, 34 N. H. 224; Darrell v. Johnson, 17 Pick. 226 ; Bdioards v. Hale, 9 Allen, 462. The law will not imply an agreement where there is a valid, binding written contract in…

1Opinion of the CourtLewis, P. J.

Plaintiff leased, in writing, a house in the city of St. Louis to defendants, for one year from Jan. 1, 1876, at $1,600 per annum, payable monthly. The lease contains :this stipulation: “ The said lessees, and all holding under them, hereby engage to pay the rent above reserved, and double rent for every day they, or any one else in their name, shall hold on to the whole or any part of said tenement after the expiration of this lease, or its forfeiture for aion-payment of rents,” etc. Defendants, having occupied the premises throughout the term, held over until the twenty-ninth day of January…

2Cases cited2 opinions

  1. Walker v. EnglerSupreme Court of Missouri · 1860
  2. Hammon v. DouglasSupreme Court of Missouri · 1872

3Cited by5 opinions

  1. Hoster v. LangeMissouri Court of Appeals · 1899
  2. Green v. KroegerMissouri Court of Appeals · 1896
  3. Wilgus v. LewisMissouri Court of Appeals · 1880
  4. Green v. KroegerMissouri Court of Appeals · 1896
  5. Sterling v. HeimanMissouri Court of Appeals · 1904

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