Fulkerson v. Lynn
Missouri Court of Appeals
Appeal from the Johnson Circuit Court. — Hon. W. W. Wood, Judge. (1) There is no evidence tending to prove a waiver of plaintiff’s landlord’s lien. To constitute a waiver an agreement was necessary. Meed v. Lambertson, 53 Mo. App. 76, loe. cit. 80. (2) There was no consideration for the alleged waiver, and it can not be upheld. A consideration is necessary.
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Appeal from the Johnson Circuit Court. — Hon. W. W. Wood, Judge. (1) There is no evidence tending to prove a waiver of plaintiff’s landlord’s lien. To constitute a waiver an agreement was necessary. Meed v. Lambertson, 53 Mo. App. 76, loe. cit. 80. (2) There was no consideration for the alleged waiver, and it can not be upheld. A consideration is necessary. Haseltine v. Ausherman, 87 Mo. 410. (3) There is no evidence tending to prove that plaintiff directed Frank 0. Hood to sell the corn and collect the money for plaintiff. Defendant’s fourth instruction should not have been given. ' (4)…
1Opinion of the CourtEllison, J.
Plaintiff rented his lands to the Hoods, with a contract for cash rent. The Hoods sold the corn raised by them on the land to defendant, the latter knowing the corn was grown on plaintiff’s land. The plaintiff not having been paid the rent due him from the Hoods, instituted this action against defendant, under the provisions of section 6384, Eevised Statutes, 1889. The judgment below was for the defendant.
The only question for decision is whether plaintiff waived his landlord’s lien on the corn for the rent due to him from the tenants. On the part of the plaintiff, the court instructed the…
2Cases cited6 opinions
- People v. President & Directors of the Manhattan Co.New York Supreme Court · 1832
- West v. PlattMassachusetts Supreme Judicial Court · 1879
- Reed v. LambertsonMissouri Court of Appeals · 1893
- Haseltine v. AushermanSupreme Court of Missouri · 1885
- Volmer v. WhartonSupreme Court of Arkansas · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Hayes v. ManningSupreme Court of Missouri · 1914
- Francis v. Supreme Lodge Ancient Order of United WorkmenMissouri Court of Appeals · 1910
- Shearlock v. Mutual Life InsuranceMissouri Court of Appeals · 1916
- Adolff v. Columbia Pretzel & Baking Co.Missouri Court of Appeals · 1903
- Porter v. Loyal Americans of the RepublicMissouri Court of Appeals · 1914
6 more not listed; retrieve them via the Exa API.