Legal Opinion

Rogan v. Dockery

Missouri Court of Appeals

Decided November 9, 1886PublishedCited by 3 opinions

Appeal from the St. Louis Circuit Court, George W. Lubke, Judge. The landlord ’ s promise to repair the premises after the tenant has entered is without consideration and void. Taylor, L. & T., sect. 329; Sibley v. Telford, 48 Me. 316. The tenant is bound to keep the demised premises in repair. Taylor, L. & T., sect. 327; Val v. Weld, 17 Mo. 232; Griffith v. Lewis, 17 Mo. App. 614. Dockery was bound, as a landlord, to make repairs, the tenancy being from month to month.

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Appeal from the St. Louis Circuit Court, George W. Lubke, Judge. The landlord ’ s promise to repair the premises after the tenant has entered is without consideration and void. Taylor, L. & T., sect. 329; Sibley v. Telford, 48 Me. 316. The tenant is bound to keep the demised premises in repair. Taylor, L. & T., sect. 327; Val v. Weld, 17 Mo. 232; Griffith v. Lewis, 17 Mo. App. 614. Dockery was bound, as a landlord, to make repairs, the tenancy being from month to month. Griffith v. Lewis, 17 Mo. App. 613 ; Gandy v. Jubber, 5 Best & Smith, 78. Dockery was also liable as a landlord, because he…

1Opinion of the Court

Thompson, J,,

delivered the opinion of the court.

This was an action by a tenant against her landlord for damages for a personal injury received by her through the non-repair' of the demised premises. There was a jury trial and a verdict and judgment for the plaintiff. The bill of exceptions, after setting out the-substance of the evidence, recites that “there was other oral evidence tending to support the instructions given to the jury.” As it is not claimed in the points submitted to us by the appellant that the court erred in refusing instructions, we can, in this state of the record, look…

2Cases cited13 opinions

  1. Jaffe v. . HarteauNew York Court of Appeals · 1874
  2. Royce v. GuggenheimMassachusetts Supreme Judicial Court · 1870
  3. Doupe v. . GeninNew York Court of Appeals · 1871
  4. Howard v. DoolittleThe Superior Court of New York City · 1854
  5. O'Brien v. CapwellNew York Supreme Court · 1870

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3Cited by3 opinions

  1. Burnes v. FuchsMissouri Court of Appeals · 1887
  2. Ward v. FaganMissouri Court of Appeals · 1887
  3. Ward v. FaganMissouri Court of Appeals · 1887

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