Tyler Estate v. Giesler
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Eon. Horatio D. Wood, Judge. (1) If Giesler, in April, 1895, when the assignment of lease was delivered to Elbert, made an agreement with him, that he, Elbert, should collect all rents and turn them over to Giesler who, on his part, would pay the ground rent, taxes and expenses, then this is a promise which plaintiff, for whose benefit it was made, can enforce.
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Appeal from the St. Louis City Circuit Court. — Eon. Horatio D. Wood, Judge. (1) If Giesler, in April, 1895, when the assignment of lease was delivered to Elbert, made an agreement with him, that he, Elbert, should collect all rents and turn them over to Giesler who, on his part, would pay the ground rent, taxes and expenses, then this is a promise which plaintiff, for whose benefit it was made, can enforce. School District v. Livers, 147 Mo. 580; Davers v. Howard, 144 Mo. 671-678. (2) Although the assignment of lease was in writing, an oral contract made at the same time providing for the…
1Opinion of the CourtBiggs, J.
— In 1877 Mary L. Tyler leased certain premises in the city of St. Louis to Frances A. Keith. The leasehold was for a term of twenty years, and the lease contained covenants on the part of the lessee to pay an annual rental and all.taxes assessed against the property during the life of the lease. In 1888 Mary L- Tyler conveyed the premises to plaintiff. In February, 1893 Mrs. Keith sold and transferred her interest in the lease to the defendant. The defendant took possession of the property under his purchase. He continued to occupy it until April 12, 1895, when he sold and transferred his…
2Cases cited1 opinion
- Estate v. GieslerMissouri Court of Appeals · 1898
3Cited by1 opinion
- Bauer v. WhiteMissouri Court of Appeals · 1930