Huth's Administrator v. City of Carondelet
Supreme Court of Missouri
Error to St. Louis Land Cowrt. This was a proceeding to set aside a forfeiture of a lease executed in favor of plaintiff’s intestate, in April, 1846, by the board of trustees of the town of Carondelet.
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Error to St. Louis Land Cowrt. This was a proceeding to set aside a forfeiture of a lease executed in favor of plaintiff’s intestate, in April, 1846, by the board of trustees of the town of Carondelet. It appears from the finding that Huth (plaintiff’s intestate) died in the year 1849 ; that he paid the rent during his life; that Du Bouffay Eremon, public administrator, took charge of his estate on the 22d day of June, 1850 ; that he paid to the authorized agent and collector of the board of trustees the rent up to April 4, 1850; that July 10, 1852, the city of Carondelet passed an ordinance…
1Opinion of the CourtRichardson, Judge
The lease in this case was made under the same law and ordinance, and is precisely similar in all its provisions to the lease in the case of Taylor v. Carondelet, 22 Mo. 105; and we do not see how this judgment can be affirmed consistently with the opinion in that case.
The circumstance that the collector of Carondelet promised the plaintiff to call upon him for the annual rent and failed to do so, presents a case of hardship which is more properly addressed to the corporate authorities in considering an application to have the resolution declaring the forfeiture rescinded than to the court.…
2Cases cited1 opinion
- Taylor v. City of CarondeletSupreme Court of Missouri · 1855
3Cited by1 opinion
- City of Carondelet v. WolfertSupreme Court of Missouri · 1866