Welsh v. Ferd Heim Brewing Co.
Missouri Court of Appeals
Appeal from the Jacleson Circuit Court. — I-Iow. J. EL Slover, Judge. (1) The paper on which this suit is based, and which was admitted in evidence, is no lease, because it was never signed by the one mentioned as lessor, and it was error in -the court to admit it in evidence. Clemens v. Broomfield, 19 Mo. 118; Hyatt v.-Church, 10 Mo. App. 582 ; Gear on Landlord & Tenant, sec. 77, and cases cited.
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Appeal from the Jacleson Circuit Court. — I-Iow. J. EL Slover, Judge. (1) The paper on which this suit is based, and which was admitted in evidence, is no lease, because it was never signed by the one mentioned as lessor, and it was error in -the court to admit it in evidence. Clemens v. Broomfield, 19 Mo. 118; Hyatt v.-Church, 10 Mo. App. 582 ; Gear on Landlord & Tenant, sec. 77, and cases cited. (2) And, even if it had been signed by Welsh, there is absolutely no evidence that Smith or Head had - any authority for taking such a lease on behalf .of the corporation. St. Louis v. Clemens, 43…
1Opinion of the Court
Ellison. J.
This action is for rent arising under written lease for the term of three years at $80 per month. Defendant paid the rent for the first ten months, and then repudiated the lease. This action is for the rent due for the first twelve months following those for which the rent was so paid. Plaintiff recovered below and defendant appeals. The.property was actually occupied by one Wolf who kept a saloon therein, in which he sold both beer and whiskey. Wolf *612had approached plaintiff with a view of renting the property, but plaintiff refused to rent to him. It was then proposed by either…
2Cases cited11 opinions
- National Bank v. MatthewsSupreme Court of the United States · 1879
- Davis v. Old Colony RailroadMassachusetts Supreme Judicial Court · 1881
- Lyndeborough Glass Co. v. Massachusetts Glass Co.Massachusetts Supreme Judicial Court · 1873
- St. Louis Drug Co. v. RobinsonSupreme Court of Missouri · 1883
- Nicoll v. . BurkeNew York Court of Appeals · 1879
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Cass County v. Mercantile Town Mutual InsuranceSupreme Court of Missouri · 1905
- Ehrhardt v. Robertson Bros.Missouri Court of Appeals · 1899
- Chenoweth v. Pacific Express Co.Missouri Court of Appeals · 1902
- Prudential Insurance Co. of America v. German Mutual Fire InsuranceMissouri Court of Appeals · 1937
- City of Goodland v. Bank of DarlingtonMissouri Court of Appeals · 1898
9 more not listed; retrieve them via the Exa API.