Thompson v. Cummings
Missouri Court of Appeals
Appeal from the Vernon Circuit Court. — Hon. D. P. STRATTON, Judge. (1) In the absence of express agreement the tenant is liable for damages to premises caused by his negligence — that is from the lack of ordinary care. 1 Taylor, Landlord and Tenant [8 Ed.] sec. 343. (2) An express covenant to repair or do any other thing to the demised premises is binding under all circumstances. 1 Taylor, Landlord and Tenant [8 Ed.] secs. 357, 360; Holbroolc v. Chamberlain, 116 Mass. 155.…
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Appeal from the Vernon Circuit Court. — Hon. D. P. STRATTON, Judge. (1) In the absence of express agreement the tenant is liable for damages to premises caused by his negligence — that is from the lack of ordinary care. 1 Taylor, Landlord and Tenant [8 Ed.] sec. 343. (2) An express covenant to repair or do any other thing to the demised premises is binding under all circumstances. 1 Taylor, Landlord and Tenant [8 Ed.] secs. 357, 360; Holbroolc v. Chamberlain, 116 Mass. 155. (3) Hence instruction number 5 given for defendants is not only erroneous in point of law but is directly contradictory…
1Opinion of the CourtEllison, J.
Plaintiff rented a farm for one year to defendants by written lease, wherein defendants agreed, among other things, to “deliver up said premises in as good condition as when received, ordinary wear and tear and unavoidable casualty excepted.” The evidence tended to show that the defendants planted and cultivated corn in a young orchard upon said farm, and that in doing so they ran over and ploughed up “the young orchard and barked and killed the young trees.” The court instructed the jury over plaintiff’s objection that if defendants “cultivated the corn planted in the orchard in good and…
2Cases cited1 opinion
- Fulkerson v. EadsMissouri Court of Appeals · 1885
3Cited by3 opinions
- Grymes v. Liebke Hardwood Mill & Lumber Co.Missouri Court of Appeals · 1905
- Peper v. St. Louis Brass Manufacturing Co.Missouri Court of Appeals · 1909
- Younker v. Investment Realty, Inc.Missouri Court of Appeals · 2015