Gibson v. Perry
Supreme Court of Missouri
Error to Cooper, Circuit Court. The plaintiff by agreement not under seal leased to the defendants a storehouse in the city of Boonville for a term of four years from the 14th of February, 1856. By this agreement the lessees engaged “ to pay rent therefor quarterly, annually, at the rate of four hundred and fifty dollars a year, that is to say, the sum of one hundred and twelve doh lars and fifty cents on the 15th day of May, 1856, and the like sum at the end ’of every three…
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Error to Cooper, Circuit Court. The plaintiff by agreement not under seal leased to the defendants a storehouse in the city of Boonville for a term of four years from the 14th of February, 1856. By this agreement the lessees engaged “ to pay rent therefor quarterly, annually, at the rate of four hundred and fifty dollars a year, that is to say, the sum of one hundred and twelve doh lars and fifty cents on the 15th day of May, 1856, and the like sum at the end ’of every three months thereafter during the continuance of this lease.” - This suit was brought .to recover the rent alleged to be due…
1Opinion of the CourtEwing, Judge
The law of this case has been long settled, and is supported by reason as well as authority.
The obvious principle, upon which the question has been determined by the adjudged cases, is that of an express covenant on the part of the lessee to pay the rent; that, having by his own contract created a duty or charge upon himself, he is bound to make it good if he may, notwithstanding any accident by inevitable necessity, because he might have provided against it by his contract. (15 Mo. 469.)
In some of the earlier English chancery cases there was some inclination to relieve the lessee from the…
2Cited by8 opinions
- Burnes v. FuchsMissouri Court of Appeals · 1887
- Gralnick v. MagidSupreme Court of Missouri · 1922
- Japhet v. PolemanakosCourt of Appeals of Texas · 1913
- Fowler v. PayneMississippi Supreme Court · 1873
- Sedalia Planing Mill & Lumber Co. v. Swift & Co.Missouri Court of Appeals · 1908
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