Leahy v. Lubman
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. J. H. Sloyer, Judge. (1) The court erred in admitting in evidence the notice to quit. Under section 6371, Revised Statutes, 1889, the renting here constituted a tenancy from month to month, and to terminate the same requires a one month’s notice, in writing. The tenant’s term began on the first day of each month.
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Appeal from the Jackson Circuit Court. — Hon. J. H. Sloyer, Judge. (1) The court erred in admitting in evidence the notice to quit. Under section 6371, Revised Statutes, 1889, the renting here constituted a tenancy from month to month, and to terminate the same requires a one month’s notice, in writing. The tenant’s term began on the first day of each month. The notice does not purport to be a month’s notice but a thirty days’ notice, requiring defendant to quit on June 30. Under the tenancy defendant was entitled to remain one full month after notice. As his term commenced June 1 he was…
1Opinion of the CourtEllison, J.
This is an action of unlawful detainer, in which plaintiff recovered judgment in the circuit court.
The property in controversy is a market house stall, number 41, situated with others in the open space immediately around and outside of the market house in Kansas City. The following, substantially, may be considered the facts :
The property was leased, in reality, for one Cartwright, but taken in the name of plaintiff, who had the control and management thereof for Cartwright. Its duration was for a year ending March 31, 1894. It was again leased to plaintiff in the same way for the year ending…
2Cases cited4 opinions
- Gunn v. SinclairSupreme Court of Missouri · 1873
- Combs v. Midland Transfer Co.Missouri Court of Appeals · 1894
- Hart v. LindleyMichigan Supreme Court · 1883
- Russell v. McCartneyMissouri Court of Appeals · 1886
3Cited by6 opinions
- Ray v. BlackmanMissouri Court of Appeals · 1906
- Berner v. GebhardtMissouri Court of Appeals · 1901
- Dillon v. MillerSupreme Court of Arkansas · 1944
- Walter Commission Co. v. GillelandMissouri Court of Appeals · 1903
- Barado-Ghio Real Estate Co. v. HeidbrinkMissouri Court of Appeals · 1905
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