Haeussler v. Holman Paper-Box Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) By holding over at the expiration of the tenancy, a new tenancy from month to month was established, and the law, in the silence of the parties, presumes that the tenant holds the premises subject to all such covenants contained in the original lease as apply to his present situation.
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) By holding over at the expiration of the tenancy, a new tenancy from month to month was established, and the law, in the silence of the parties, presumes that the tenant holds the premises subject to all such covenants contained in the original lease as apply to his present situation. R. S. 1889, sec. 6371; Bishop v. Roioard, 2 B. & O. 100; Jordan v. Ward, 1 H. Bl. 99; Biller v. Roberts, 13 S. & R. 63; Wire Cloth Co. v. Gardner, 99 III. 151; Wolffev. Wolffe, 69 Ala. 549; Ackley v. Westevelt, 86 N. Y. 448; Tolle v.…
1Opinion of the CourtRombauer, P. J.
The circuit court sustained a demurrer to the following petition, and the only question on this appeal is whether it states a cause of action. “Plaintiff, Herman A. Haeussler, states that, on the first day of January, 1885, one Alexander Q-. Black was the owner of the following described real estate, lying and being in the city of St.‘ Louis, Missouri, to-wit: Lot number 35 of said city and a four-story brick building erected thereon, said premises being known as 3 South Main street; that defendant, Holman Paper-Box Company, at that time and since was and is a corporation under the laws of…
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