Garnhart v. Finney
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. The court gave the following instructions to the jury: 1. The plaintiff cannot recover in this cause unless he has proved to the satisfaction of the jury, that the lease read in evidence made by John Finney to Henry C. Brown was by written assignment transferred to the plaintiff with the assent of defendant; that within the time specified in said lease, or if the time was extended within such time as extended by John Finney, the lessee,…
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Appeal from St. Louis Circuit Court. The court gave the following instructions to the jury: 1. The plaintiff cannot recover in this cause unless he has proved to the satisfaction of the jury, that the lease read in evidence made by John Finney to Henry C. Brown was by written assignment transferred to the plaintiff with the assent of defendant; that within the time specified in said lease, or if the time was extended within such time as extended by John Finney, the lessee, or some person claiming under him, erected, or cause to be erected, on the ground mentioned in said lease, three good and…
1Opinion of the CourtHolmes, Judge
This is an action for damages on a breach of covenant for the renewal of. a lease, at the suit of the last one of several successive assignees against the lessor. The lease provided that every failure to pay the quarterly rent reserved, or to pay the taxes, or to keep any perform any of the other covenants, agreements, or stipulations, therein set forth, should “ make and create a forfeiture of the lease,” if so determined by the lessor, by a notice in writing. The lease was not to be assigned by the lessee, under penalty of forfeiture, without the written consent of the lessor. The lessee…
2Cases cited5 opinions
- Chalker v. ChalkerSupreme Court of Connecticut · 1814
- Clark v. JonesCourt for the Trial of Impeachments and Correction of Errors · 1845
- Brown v. WheelerSupreme Court of Connecticut · 1845
- Jackson ex dem. Blanchard v. AllenNew York Supreme Court · 1824
- Townsend v. Empire Stone-Dressing Co.The Superior Court of New York City · 1856
3Cited by41 opinions
- State Bank v. FrameSupreme Court of Missouri · 1892
- Arnot v. AlexanderSupreme Court of Missouri · 1869
- Camp v. ScottSupreme Court of Connecticut · 1879
- Saxeney v. PanisMassachusetts Supreme Judicial Court · 1921
- Eurengy v. Equitable Realty Corp.Supreme Court of Missouri · 1937
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