Zeilda Forsee Investment Co. v. Ozenberger
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. Chesley A.. Mosman, Judge. (1) There was no attack made on the answer filed, by motion or otherwise. The answer sets out grounds for equitable action. The allegations fully show that in case there were two or more overflows, there should be reduction from the rents (one-half) for such years and that it was the intention of the parties to so write the lease.
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Appeal from Buchanan Circuit Court. — Hon. Chesley A.. Mosman, Judge. (1) There was no attack made on the answer filed, by motion or otherwise. The answer sets out grounds for equitable action. The allegations fully show that in case there were two or more overflows, there should be reduction from the rents (one-half) for such years and that it was the intention of the parties to so write the lease. The omission was proven by an entirely disinterested witness whose veracity was unquestioned. Nothing in the record tends to raise any question contrary to this evidence. Rather, every…
1Opinion of the CourtBroaddus, P. J.
The plaintiff corporation sues on two promissory notes for $200, each executed by defendant November 10, 1901, and payable in fifty-two months from date, to the order of Zeilda Forsee and assigned to plaintiff. The notes were a part consideration for a lease of Zeilda Forsee’s farm situated in Buchanan county, Missouri, near One Hundred and Two River, for a term of five years, commencing on the 1st day of March, 1902, and ending on the 28th day of February, 1907. The consideration for the use of the farm was evidenced by ten promissory notes to-wit: Two notes for $150 each, one due March 1,…
2Cases cited5 opinions
- Parker v. VanhoozerSupreme Court of Missouri · 1898
- Clark v. St. Louis Transfer Railway Co.Supreme Court of Missouri · 1895
- Bartlett v. BrownSupreme Court of Missouri · 1894
- Fanning v. DoanSupreme Court of Missouri · 1897
- Marquette Timber Co. v. Chas. T. Abeles Co.Supreme Court of Arkansas · 1907
3Cited by2 opinions
- Welk v. ConnerCalifornia Court of Appeal · 1929
- Rollow v. Aetna Life Ins. Co.Supreme Court of Oklahoma · 1936