Butts v. Fox
Missouri Court of Appeals
Appealed from Livingston Circuit Court. — No». J. W. Alexander, Judge. (1) No demand-in writing for the delivery of possession was necessary. R. S. 1899, sec. 3321; Bierkenkamp v. Berkenkamp, 88 Mo. App. 448; Young v. Smith, 28 Mo. 68. (2) No notice to quit was necessary. R. S. 1899, sec. 4111; Ish v. Chilton, 26 Mo. 259; Young v. Smith, 28 Mo. 69; Stephens v. Brown, 56 Mo. 25; Ilulett v. Nugent, 71 Mo. 132; Russell v. McCartney, 21 Mo.
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Appealed from Livingston Circuit Court. — No». J. W. Alexander, Judge. (1) No demand-in writing for the delivery of possession was necessary. R. S. 1899, sec. 3321; Bierkenkamp v. Berkenkamp, 88 Mo. App. 448; Young v. Smith, 28 Mo. 68. (2) No notice to quit was necessary. R. S. 1899, sec. 4111; Ish v. Chilton, 26 Mo. 259; Young v. Smith, 28 Mo. 69; Stephens v. Brown, 56 Mo. 25; Ilulett v. Nugent, 71 Mo. 132; Russell v. McCartney, 21 Mo. App. 547; Johnson v. Hartshorn, 52 N. Y. 173-176. (3) The statute of frauds does not apply. This was not a letting for a term, of years. R. S. 1899, sec.…
1Opinion of the CourtEllison, J.
This is an action of unlawful detainer. Tbe verdict in tbe trial court was, on perempttory instruction, for plaintiff. On motion of defendant this was set aside and a new trial granted. Plaintiff appealed from the order granting a new trial.
The facts necessary to state are these: Defendant rented a farm of Hale and Wilson by verbal lease for one year, beginning March 1, 1900, and ending March 1, 1901. In November, 1900 defendant, by verbal lease, again rented the place of them for the following year, beginning March 1, 1901, and ending March 1, 1902. After defendant had entered upon his…
2Cases cited6 opinions
- Adams v. . City of CohoesNew York Court of Appeals · 1891
- Coudert v. . CohnNew York Court of Appeals · 1890
- Hoover, Rhodes & Co. v. Pacific Oil Co.Missouri Court of Appeals · 1890
- Briar v. RobertsonMissouri Court of Appeals · 1885
- Beiler v. DevollMissouri Court of Appeals · 1890
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3Cited by5 opinions
- Ray v. BlackmanMissouri Court of Appeals · 1906
- Womach v. JenkinsMissouri Court of Appeals · 1908
- Coleman v. FletcherMissouri Court of Appeals · 1945
- Campbell v. JohnsonMissouri Court of Appeals · 1908
- National Bank of South Carolina v. People's Grocery Co.Supreme Court of South Carolina · 1929