Cornelius v. Rosen
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Eon. E. M. Barney, Judge. (1) The court erred in holding that under a notice served on Angnst 3rd to vacate the bnilding occupied by defendant “on or before September 1st,” defendant had no right to move at any time and to pay rent only for snch a time as he actually kept possession of the premises.
Read the full summary
Appeal from Buchanan Circuit Court. — Eon. E. M. Barney, Judge. (1) The court erred in holding that under a notice served on Angnst 3rd to vacate the bnilding occupied by defendant “on or before September 1st,” defendant had no right to move at any time and to pay rent only for snch a time as he actually kept possession of the premises. (2) The court erred in refusing the third declaration of law asked by defendant as it was written and, in amending it so that it declared the law to be that the plaintiff conld accept the tender, knowing the terms on which it was offered;, without being bound…
1Opinion of the CourtEllison, J.
This is an action for one month’s rent of a house at $18 per month. The account is credited with payment of $7.36, leaving a balance claimed of $10.64* The plaintiff prevailed in the trial court.
The evidence disclosed that defendant was plaintiff’s tenant from month to month, beginning the first of each month, and that on August 3rd plaintiff gave defendant a written notice to vacate the premises on or before the first day of the month of September following. Defendant then vacated the premises on the 18th of August and contends that all claim for rent ceased on that day. In this we believe…
2Cases cited2 opinions
- St. Joseph School Board ex rel. Donovon v. HullMissouri Court of Appeals · 1897
- Andrews v. W. R. Stubbs Contracting Co.Missouri Court of Appeals · 1903
3Cited by6 opinions
- Frazier v. RayNew Mexico Supreme Court · 1923
- Ellis v. MansfieldMissouri Court of Appeals · 1923
- Publishers, George Knapp & Co. v. Pepsin Syrup Co.Missouri Court of Appeals · 1909
- Bartley v. Pictorial Review Co.Missouri Court of Appeals · 1915
- Elliott v. ThomasMissouri Court of Appeals · 1914
1 more not listed; retrieve them via the Exa API.