Butler v. Manny
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. 1. Plaintiffs had no right to claim a renewal except of the whole leasehold property described in their lease. Unless they did claim such renewal, they had no claim for the value of the buildings, nor, under the provisions of the lease, was there any valuation of the buildings to be made, until the expiration of the renewal term. (Taylor on Landlord & Tenant, § 335,4th Edition ; 6 John. Oh.
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Appeal from St. Louis Circuit Court. 1. Plaintiffs had no right to claim a renewal except of the whole leasehold property described in their lease. Unless they did claim such renewal, they had no claim for the value of the buildings, nor, under the provisions of the lease, was there any valuation of the buildings to be made, until the expiration of the renewal term. (Taylor on Landlord & Tenant, § 335,4th Edition ; 6 John. Oh. E., 215 ; Pearce vs. Colden, 8 Barb. 522 ; Pike vs. Butler, 4 Barb. 3.) 2. Neither law or equity will give relief where there have been breaches on part of lessee.…
1Opinion of the CourtTories, Judge
The petition in this case shows the following state of facts as a cause of action: That in December 1851, Frederick W. Beckwith, Tullía O. Beckwith, Amedee Talle and Lewis C. Smith, as trustees of the said Tullía O. Beckwith, by their deed of lease demised a certain lot in St. Louis, being 69 feet, 3 inches by 127 feet six inches, to James T. Pettus for the term of ten years from the first day of January 1852.
That afterwards on the first day of April 1853, the said James T. Pettus transferred to Henry M. Dedman, trustee of ' Martha Butler, for her sole use and benefit, by deed of that date,…
2Cases cited3 opinions
- Robb v. MontgomeryNew York Supreme Court · 1822
- Bennet v. Executors of PixleyNew York Supreme Court · 1810
- Smith v. BusbySupreme Court of Missouri · 1852
3Cited by11 opinions
- Kauffman v. RaederCourt of Appeals for the Eighth Circuit · 1901
- Lewis & Co. v. ChisholmSupreme Court of Georgia · 1881
- Toellner v. McGinnisWashington Supreme Court · 1909
- Metropolitan Land Co. v. ManningMissouri Court of Appeals · 1903
- O'Riley v. DissMissouri Court of Appeals · 1890
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