Wilgus v. Lewis
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court. The lease provided for a holding over, and that agreement not being annulled, it stands, and the law will not imply any other contract. — Christy v. Price, 7 Mo. 430 ; Stellings v. Sappington, 8 Mo. 118 ; Chambers v. King, 8 Mo. 517; Brown v. Gauss, 10 Mo. 265. The appellants were not tenants from month to month, and notice to quit was not necessary. — Beaver v. Randall, 5 Mo.
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Appeal from the St. Louis Circuit Court. The lease provided for a holding over, and that agreement not being annulled, it stands, and the law will not imply any other contract. — Christy v. Price, 7 Mo. 430 ; Stellings v. Sappington, 8 Mo. 118 ; Chambers v. King, 8 Mo. 517; Brown v. Gauss, 10 Mo. 265. The appellants were not tenants from month to month, and notice to quit was not necessary. — Beaver v. Randall, 5 Mo. App. 297. The condition as to holding over could not be waived. — Walker v. Bngler, 30 Mo. 130; Weil v. Tyler, 38 Mo. 547 ; 1 Pars, on Con. 475. By holding over and paying rent…
1Opinion of the CourtBakewell, J.
This action is for rent of a building in St. Louis during the month of June, 1878. There was a finding and judgment for plaintiff.
It appears from the pleadings and evidence that plaintiff, by written lease, demised the premises in question to defendant Lewis- and his theu copartners in business, for a term of one year from January 1, 1877, at the yearly rent of $4,500, payable in monthly instalments. On July 21, 1877, the new firm was formed, consisting of defendant Lewis, one of the original lessees, and his present co-defendants, who remained in possession after the expiration of the lease,…
2Cases cited6 opinions
- Bircher v. ParkerSupreme Court of Missouri · 1867
- Jackson ex dem. Wood v. SalmonNew York Supreme Court · 1830
- Finney's Trustees v. City of St. LouisSupreme Court of Missouri · 1866
- Hammon v. DouglasSupreme Court of Missouri · 1872
- Deaver v. RandallMissouri Court of Appeals · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- National Alfalfa D. & M. Co. v. 4010 Washington, Inc.Missouri Court of Appeals · 1968
- Withnell v. PetzoldMissouri Court of Appeals · 1885
- Drey v. DoyleMissouri Court of Appeals · 1887