Fenton v. Montgomery
Missouri Court of Appeals
Appeal from the Clark County Circuit Court, Ben. E. Turner, Judge. The petition does not state facts sufficient to constitute a cause of action. Under the contract of lease, and at common law, it was the duty of plaintiff to repair the fences. Taylor, Landlord and Tenant (2 Ed.) p. 208, sect. 327.
1Opinion of the CourtThompson, J.
The petition states that the plaintiff rented of the defendant, by a written contract executed by both plaintiff and defendant, forty acres of land for the purpose of raising a crop of corn; that the plaintiff, by the terms of the contract, was to pay the defendant one-third of the crop ; that, in pursuance of the contract, he planted and cultivated upon the land a crop of corn; that the defendant had other lands surrounding this forty acres and separated from it by fences ; that adjoining the forty acres the defendant had a large pasture; that in the month of October, 1883, while the crop of…
2Cases cited3 opinions
- Gorman v. Pacific RailroadSupreme Court of Missouri · 1858
- Moore v. WhiteSupreme Court of Missouri · 1870
- Blood v. SpauldingSupreme Court of Vermont · 1885