Churchill v. Lammers
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. E. L. Scaeeitt, Judge. (1) The first instruction asked by defendant should not have been given. 2 Taylor’s Landlord and Tenant, sec. 507; Freeman on Cotenancy and Partition, see. 182. (2) This instruction standing alone, stripped of any reference to any agreement between plaintiff Brockett and the defendant, would have been correct, had there been any competent evidence upon which to base it.
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Appeal from the Jackson Circuit Court. — Hon. E. L. Scaeeitt, Judge. (1) The first instruction asked by defendant should not have been given. 2 Taylor’s Landlord and Tenant, sec. 507; Freeman on Cotenancy and Partition, see. 182. (2) This instruction standing alone, stripped of any reference to any agreement between plaintiff Brockett and the defendant, would have been correct, had there been any competent evidence upon which to base it. But in this case there was no such evidence and it was clearly wrong to submit it to the jury. Because there was no surrender. A surrender of an unexpired…
1Opinion of the CourtSmith, P. J.
The petition is in assumpsit on the promise-contained in a lease to pay plaintiffs in advance a monthly rent of $225. The defenses interposed by the answer were, first, a surrender by operation of law, and second, an estoppel in pais. The replication was a general denial. There was a trial resulting in judgment for defendant, to reverse which, plaintiffs have appealed.
The appealing plaintiffs assail the judgment on the ground that the trial court erred in giving an instruction for the defendant, which told the jury “that if they find and believe from the evidence that it was agreed and…
2Cases cited18 opinions
- Allen v. RichardSupreme Court of Missouri · 1884
- Burroughs v. ClanceyIllinois Supreme Court · 1869
- Clark v. CableSupreme Court of Missouri · 1855
- Henry v. Mount Pleasant Township of Bates CountySupreme Court of Missouri · 1879
- Huling v. RollMissouri Court of Appeals · 1891
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3Cited by12 opinions
- Von Schleinitz v. North Hotel Co.Supreme Court of Missouri · 1929
- Powell v. JonesIndiana Court of Appeals · 1912
- Rauth v. DennisonMissouri Court of Appeals · 1962
- Gerhart Realty Co. v. BrechtMissouri Court of Appeals · 1904
- Mullaney v. McReynoldsMissouri Court of Appeals · 1913
7 more not listed; retrieve them via the Exa API.