Williams v. Lane
Missouri Court of Appeals
Appeal from the Barry Circuit Court. — Hon. J. O. Lamson, Judge. Floreth, having accepted a new lease without removing the shelving or reserving the right to remove, was estopped from claiming the shelving as his own, and, therefore, lost his right to remove them from the building. Lougran v. Boss, 45 N. Y. 792; Coming v. Troy Iron Co., 40 N. Y. 219; Davis v. Moss, 38 Penn. 346.
1Opinion of the CourtBond, J.
Plaintiff sues for damages for”an alleged breach of a covenant of general warranty in a deed made to him by defendant on February 10, 1892, conveying a town lot in Monett, on which a building was situated. The answer was a general denial. The issues were tried by the court without a jury, and a judgment rendered for plaintiff for $30, from which this appeal is taken.
*67On the trial, defendant did not offer any evidence. The facts shown by plaintiff were, that he bought a lot in Monett and storehouse situated thereon from defendant on the tenth day of February, 1892, taking a general warranty…
2Cases cited2 opinions
- Loughran v. . RossNew York Court of Appeals · 1871
- Lacey v. GiboneySupreme Court of Missouri · 1865
3Cited by6 opinions
- Spencer v. Commercial Co.Washington Supreme Court · 1902
- Happy v. WalzSupreme Court of Missouri · 1948
- Red Diamond Clothing Co. v. SteidemannMissouri Court of Appeals · 1912
- Anthony v. RockefellerMissouri Court of Appeals · 1903
- Champ Spring Co. v. Roth Tool Co.Missouri Court of Appeals · 1903
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