Leggett v. Louisiana Purchase Exposition Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Jesse A. McDonald, Judg( (1) By the common law a landlord may, at . Ms option, regard the act of the tenant in holding over either as a trespass or as a renewal of the original lease. Quinette v. Carpenter, 35 Mo'. 502; Finney v. St. Louis, 39 Mo. 178; Hunt v. Bailey, 39 Mo. 257; Ins.
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Appeal from St. Louis City Circuit Court. — Eon. Jesse A. McDonald, Judg( (1) By the common law a landlord may, at . Ms option, regard the act of the tenant in holding over either as a trespass or as a renewal of the original lease. Quinette v. Carpenter, 35 Mo'. 502; Finney v. St. Louis, 39 Mo. 178; Hunt v. Bailey, 39 Mo. 257; Ins. Co. v. Bank, 71 Mo. 58; Lewis v. Perry, 149 Mo. 257; Chaplin on Landlord and Tenant, p. 257; Taylor on Landlord and Tenant (9 Ed.), p. 29, sec. 22; 18 Am. and Eng. Ency. Law (2 Ed.), p. 405. (2) Mere acceptance of possession by a landlord is not sufficient to…
1Opinion of the CourtBland, P. J.
(after stating the facts). — The only error assigned on the appeal is the giving of the following instruction on behalf of defendant:
“The court instructs the jury that if you believe and find from the evidence that the defendant removed from the premises mentioned in the evidence on the thirty-first day of December, 1903, and thereupon left the keys of said premises at the office of plaintiff’s agent, and that the plaintiff or her agent then accepted the possession of said premises, then you should find for the defendant.
“And you are further instructed that if you find that the said keys were…
2Cited by2 opinions
- Leggett v. Louisiana Purchase Exposition Co.Missouri Court of Appeals · 1911
- Brown v. HayesWashington Supreme Court · 1916