Hunt v. Bailey
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. This was an action to recover rent alleged to be due in the petition from the 10th day of December, 1863, to the 10th day of September, 1864, for the same premises for which rent is sued for in subjoined case between the same parties. The facts in both cases were substantially the same.
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Appeal from St. Louis Court of Common Pleas. This was an action to recover rent alleged to be due in the petition from the 10th day of December, 1863, to the 10th day of September, 1864, for the same premises for which rent is sued for in subjoined case between the same parties. The facts in both cases were substantially the same. The subjoined case is to recover rent for the year 1863, at $400 per annum; this suit is for rent for part of year 1864, at the rate of $750 per annum. In both cases the defendant tendered the amount of rent at $300 per annum, which was the original letting. The…
1Opinion of the CourtWagNER, Judge
The law seems to be well settled that when a tenant for a term of years, or from year to year, holds over and retains possession of the premises after the expiration of term, and without any new agreement or stipulation between the parties, he will be held impliedly to continue in the possession under the terms, conditions and covenants in the original lease — Quinette v. Carpenter, 35 Mo. 502; Finney v. Ahern, decided at this term.
It results therefore as a consequence, that in the absence of any new agreement or stipulation, where a holding over is established and the relation of landlord…
2Cases cited2 opinions
- Despard v. . WalbridgeNew York Court of Appeals · 1857
- Quinette v. CarpenterSupreme Court of Missouri · 1865
3Cited by12 opinions
- Gardner v. Board of County CommissionersSupreme Court of Minnesota · 1874
- Lewis v. PerrySupreme Court of Missouri · 1899
- Reithman v. BrandenburgSupreme Court of Colorado · 1884
- Bowley v. FullerSupreme Judicial Court of Maine · 1921
- Flanagan v. LazerineMissouri Court of Appeals · 1913
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