French v. Pettingill
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Son. Matt G. Reynolds, Judge. (1) The act of adjoining tenant under the same landlord, not the result of the landlord’s connivance, does not amount to a constructive eviction. Gray v. Gaff, 8 Mo. App. 329; Dimmock v. Daily, 9 Mo. App. 356; Witte v. Quinn, 38 Mo. App. 691; O’Neill v. Manget, 44 Mo. App. 279; 11 Am. and Eng. Ency.
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Appeal from St. Louis City Circuit Court. — Son. Matt G. Reynolds, Judge. (1) The act of adjoining tenant under the same landlord, not the result of the landlord’s connivance, does not amount to a constructive eviction. Gray v. Gaff, 8 Mo. App. 329; Dimmock v. Daily, 9 Mo. App. 356; Witte v. Quinn, 38 Mo. App. 691; O’Neill v. Manget, 44 Mo. App. 279; 11 Am. and Eng. Ency. Law (2 Ed.), p. 474; Talbott v. English, 59 N. E. (Ind.) 857; Gilhooley v. Washington, 4 N. Y. 217; Cougle v. Densmore, 57 111. App. 591; Bristol v. Pegram, 98 N. Y. 512, 49 Misc. 535; Lieferman y. Osten, 167 111. 93, 39 L.…
1Opinion of the CourtGoode, J.
This1 action was instituted to recover rent alleged to he due under a Avritten lease. So far as the record advises us the terms of the contract were that defendant leased the premises for two years from October 1, 1904 at a monthly rental of $55, payable in advance. The lessor was the Majorie Realty Company and the lessee was the defendant. Plaintiff French became the OAvner of the premises and the landlord, March 15, 1905. The leasehold was a suite of rooms in an apartment house in the city of St. Louis on the northAvest corner of Olive street and Newstead avenue. The building is known as…
2Cases cited8 opinions
- Seaboard Realty Co. v. FullerAppellate Terms of the Supreme Court of New York · 1900
- Gilhooley v. . WashingtonNew York Court of Appeals · 1850
- Gray v. GaffMissouri Court of Appeals · 1880
- Kistler v. WilsonAppellate Court of Illinois · 1898
- Cougle v. DensmoreAppellate Court of Illinois · 1895
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3Cited by4 opinions
- North Pacific Steamship Co. v. Terminal Investment Co.California Court of Appeal · 1919
- Bilicke v. JanssCalifornia Court of Appeal · 1910
- Lancashire v. Garford Manufacturing Co.Missouri Court of Appeals · 1918
- Phoenix Land & Improvement Co. v. SeidelMissouri Court of Appeals · 1909