Kretzer Realty Co. v. Thomas Cusack Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Leo A. Rassieur, - Judge. (1) A tenant in possession of a building has the exclusive right to use the outside walls for advertising purposes, and to permit others to use them, if not prohibited by the terms of the tenancy. Fuller & Bagley 'v. Rose, 110 Mo. App, 344, 347; O’Neill v. Manget, 44 Mo. App. 279; Lowell v. Strahan, 145 Mass. 9; Riddle v. Littlefield, 53 N. H. 503, 509; Salinger v. North Amer.
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Appeal from St. Louis City Circuit Court. — Hon. Leo A. Rassieur, - Judge. (1) A tenant in possession of a building has the exclusive right to use the outside walls for advertising purposes, and to permit others to use them, if not prohibited by the terms of the tenancy. Fuller & Bagley 'v. Rose, 110 Mo. App, 344, 347; O’Neill v. Manget, 44 Mo. App. 279; Lowell v. Strahan, 145 Mass. 9; Riddle v. Littlefield, 53 N. H. 503, 509; Salinger v. North Amer. Woolen M. Co., 70 W. Ya. 151; Baldwin v. Morgan, 43. Hun. 355, 50 N. Y. Sup..355; Broads v. Meal, 159 Cal. 765; DiMarco v. Isaacs, 132 N. Y'.…
1Opinion of the CourtThompson, J.
This was a suit brought to recover alleged damages to plaintiff’s fee or reversionary interest in the real estate known as 3028 Locust street, St. Louis, Missouri, for the painting of a large sign thereon by defendant. The case was tried before a jury, *602resulting in a verdict for plaintiff in the sum of $175 actual damage, and no punitive damages; judgment being rendered thereon, defendant perfected its appeal to this court.
Plaintiff was the owner of the fee to the property known as 3028 Locust street, on October 11, 1912, and had been the owner of it for a long time prior to that date, and…
2Cases cited7 opinions
- Broads v. Mead and CookCalifornia Supreme Court · 1911
- Witte v. QuinnMissouri Court of Appeals · 1890
- Ghio v. Schaper Bros.Missouri Court of Appeals · 1914
- Wilks v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1911
- Walker v. WhiteMissouri Court of Appeals · 1915
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3Cited by3 opinions
- Sunset Acres Motel, Inc. v. JacobsSupreme Court of Missouri · 1960
- Emmons v. D. A. Schulte., Inc.Court of Chancery of Delaware · 1923
- Shaw v. GreathouseMissouri Court of Appeals · 1956