St. Louis Billposting Co. v. Stanton
Missouri Court of Appeals
1. LANDLORD AND TENANT: Termination of Tenancy: Liability of Tenant for Rent. Where a lessor ousts his lessee from possession of the premises, under the Landlord and Tenant Act, for nonpayment of rent, he thereby terminates the relation of landlord and tenant between himself and the tenant, and loses all right of recovery, as rental, for any portion of the unespired term subsequent to the ouster. 2. -: -: —:-. Under the rule that rents, like annuities, are generally not…
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1. LANDLORD AND TENANT: Termination of Tenancy: Liability of Tenant for Rent. Where a lessor ousts his lessee from possession of the premises, under the Landlord and Tenant Act, for nonpayment of rent, he thereby terminates the relation of landlord and tenant between himself and the tenant, and loses all right of recovery, as rental, for any portion of the unespired term subsequent to the ouster. 2. -: -: —:-. Under the rule that rents, like annuities, are generally not apportionable, a surrender of a tenancy does not discharge rent already due, though payable in advance. Appeal from St.…
1Opinion of the CourtReynolds, P. J.
This is an action for the recovery of $166.66 and interest, claimed to be due by defendant to plaintiff for rental of premises in the city of St. Louis for the months of October and November, 1909, under the provisions of a lease entered into between the parties, of date June 8, 1908, for a term of three years from the first day of July, 1908. The lease, among other things, provides that rent is to be paid in advance on the first day of each and every month; that in default of the payment of any monthly installment of rent for five days after the same becomes due, the tenant “will at the…
2Cases cited2 opinions
- Lamson Consol. Store Service Co. v. BowlandCourt of Appeals for the Sixth Circuit · 1902
- Whitney v. MeyersThe Superior Court of New York City · 1852
3Cited by7 opinions
- WEA Crestwood Plaza, L.L.C. v. Flamers Charburgers, Inc.Missouri Court of Appeals · 2000
- Amerigo J. Stella v. Depaul Community Health Center, Inc.Court of Appeals for the Eighth Circuit · 1981
- Walling v. Christie & Hobby, Inc.Court of Appeals of Texas · 1932
- D. A. Schulte, Inc. v. HaasMissouri Court of Appeals · 1926
- Keton v. SilbertCourt of Appeals of Texas · 1923
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