Burnes v. Fuchs
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court, Hon.. Daniel Dillon, Judge. (1) The answer, if true, sets up a good defence to the plaintiff’s action.
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Appeal from the St. Louis Circuit Court, Hon.. Daniel Dillon, Judge. (1) The answer, if true, sets up a good defence to the plaintiff’s action. (2) The lease of certain rooms on floors in the building did not impose upon the appellant the duty of keeping in repair the entire premises, and if that portion-not leased by him became so dilapidated, through neglect of the landlord, as to render it' unsafe for the appellant to remain, then he was justified in quitting the premises, and no claim can be legally made of him for rent during the remainder of the term. (3) There was an implied agreement…
1Opinion of the CourtThompson, J.
When this case was called for trial the court, on an inspection of the pleadings, directed a verdict for the plaintiff; and the only question for decision is, whether the answer sets up a defence to the action which is good in law. Briefly stated, the case exhibited by the pleadings is, that the plaintiffs leased to the defendant the first floor, and on the following day, the second and third floors of a three-story brick building in the city of St. Louis ; that the defendant took possession and paid rent for a time, when, without fault on the part of defendant, the premises became in such a…
2Cases cited5 opinions
- Peterson v. SmartSupreme Court of Missouri · 1879
- Davis' Adm'r v. SmithSupreme Court of Missouri · 1852
- Gibson v. PerrySupreme Court of Missouri · 1860
- Deutsch v. AbelesMissouri Court of Appeals · 1884
- Rogan v. DockeryMissouri Court of Appeals · 1886
3Cited by16 opinions
- King v. MooreheadMissouri Court of Appeals · 1973
- Gralnick v. MagidSupreme Court of Missouri · 1922
- Leonard v. Security Building Co.Missouri Court of Appeals · 1913
- Stifel Estate Co. v. CellaMissouri Court of Appeals · 1927
- O'Neil v. FlanaganMissouri Court of Appeals · 1895
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