Griffin v. Freeborn
Missouri Court of Appeals
Appeal from Jackson Cirenit Court. — Hon. Frank G. Johnson, Judge. (1) The rule is that while an eviction was originally a dispossession of the tenant by some agent of his landlord, or by failure of the latter’s title, it has now come to include any wrongful act of the landlord, either of commission or omission, which may result in a substantial interference with the tenant’s possession or enjoyment, in whole or in part. Delmar Investment Co. v. Blumenfield, 118 Mo.
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Appeal from Jackson Cirenit Court. — Hon. Frank G. Johnson, Judge. (1) The rule is that while an eviction was originally a dispossession of the tenant by some agent of his landlord, or by failure of the latter’s title, it has now come to include any wrongful act of the landlord, either of commission or omission, which may result in a substantial interference with the tenant’s possession or enjoyment, in whole or in part. Delmar Investment Co. v. Blumenfield, 118 Mo. App. 308. (2) Although a lease be taken for a certain time at a certain rent, yet if the landlord wrongfully evicts the tenant,…
1Opinion of the CourtTrimble, J.
Suit for rent by. a landlord upon a written lease of an unfurnished house for a term of two years and six months from November 1,1910. The lease provided that “in case of abandonment or surrender of premises before termination of this lease, the obligation to pay rent shall continue.” Defendant lived in the house and paid the rent up to Februr ary 1, 1912, and then moved out, and the house remained unoccupied during the months of February and March of that year. The suit is for the rent of those two months.
Defendant’s claim is that he was constructively evicted. The grounds of this claim are…
2Cases cited11 opinions
- Daly v. . WiseNew York Court of Appeals · 1892
- Glenn v. HillSupreme Court of Missouri · 1908
- Seaboard Realty Co. v. FullerAppellate Terms of the Supreme Court of New York · 1900
- Graff v. Lemp Brewing Co.Missouri Court of Appeals · 1908
- Stevens v. PierceMassachusetts Supreme Judicial Court · 1890
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3Cited by6 opinions
- King v. MooreheadMissouri Court of Appeals · 1973
- Leech v. HusbandsSuperior Court of Delaware · 1930
- Stifel Estate Co. v. CellaMissouri Court of Appeals · 1927
- Logsdon v. Central Development Ass'nMissouri Court of Appeals · 1938
- McIlhenny v. Kansas CityMissouri Court of Appeals · 1915
1 more not listed; retrieve them via the Exa API.