Donovan v. P. Schoenhofen Brewing Co.
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) An agreement to make a lease may be enforced either by bill in equity for specific performance or by action at law for damages. 1 Taylor’s Landlord and Tenant (8 Ed.), sec. 37. (2) The question whether a contract will be construed as a lease or an agreement to make a lease is óne of construction, and depends upon the paramount intention of the parties.
Read the full summary
Appeal from Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) An agreement to make a lease may be enforced either by bill in equity for specific performance or by action at law for damages. 1 Taylor’s Landlord and Tenant (8 Ed.), sec. 37. (2) The question whether a contract will be construed as a lease or an agreement to make a lease is óne of construction, and depends upon the paramount intention of the parties. Jackson v. Delacroix, 2 "Wend. 433; Jackson v. Monarief, 5 "Wend. 26. (3) The plea that the contract sued on is not in writing signed by the defendant or his agent thereunto…
1Opinion of the CourtEllison, J.
This action is for damages and is based on an agreement to lease certain described premises in the city of St. Joseph, defendant having refused to sign a lease therefor or to take them. At the close of the ease, the court sustained a demurrer to the evidence, and judgment was entered for defendant.
*3441. It is first contended by plaintiff that an agreement for a lease need not be in writing under our statute of frauds. This is not, in general, a proper construction of that statute. If the agreement is for a lease of more than one year it must be in writing under the statute aforesaid. 1 Wood’s…
2Cases cited9 opinions
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Chouquette v. Southern Electric RailroadSupreme Court of Missouri · 1899
- Jackson ex dem. Shipley v. MoncriefNew York Supreme Court · 1830
- Bacon v. ParkerMassachusetts Supreme Judicial Court · 1884
- Christensen v. WooleyMissouri Court of Appeals · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Kingfisher Mill & Elev. Co. v. WestbrookSupreme Court of Oklahoma · 1920
- Marble v. Town of ClintonMassachusetts Supreme Judicial Court · 1937
- Target Stores, Inc. v. Twin Plaza Co.Supreme Court of Minnesota · 1967
- Rundelman v. John O'Brien Boiler Works Co.Missouri Court of Appeals · 1913
- Rosenblum v. New York Central R.R. Co.Superior Court of Pennsylvania · 1947
13 more not listed; retrieve them via the Exa API.