Combs v. Midland Transfer Co.
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. This lease was good against plaintiff, and therefore good against defendant, whether signed by lessee or not, as it had possession of the premises under the lease and of the lease signed by lessor. Hulett v. Nugent, 71 Mo. 131. At least it should have been left to the jury to say whether defendant accepted the lease or not, and the court had no right to take it away from them when it was a disputed fact.
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Appeal from the Jackson Circuit Court. — Hon. J. H. Slover, Judge. This lease was good against plaintiff, and therefore good against defendant, whether signed by lessee or not, as it had possession of the premises under the lease and of the lease signed by lessor. Hulett v. Nugent, 71 Mo. 131. At least it should have been left to the jury to say whether defendant accepted the lease or not, and the court had no right to take it away from them when it was a disputed fact. Under the express terms of the statute which are very plain and need no interpretation, the unsigned lease was not valid or…
1Opinion of the CourtGItll, J.
Plaintiff sued the defendant before a justice of the peace for rent of barn in Kansas City, for the months of October and November, 1891, $300. The action was defeated in the justice’s court; plaintiff appealed, and on trial in the circuit court a demurrer to the evidence was sustained and plaintiff appealed to this court.
'During the month of March, 1891, defendant entered into the possession of the premises with an understanding that it would pay $150 per month, the tenancy beginning April 1, 1891. Coupled with this there were negotiations and an apparent parol agreement for a two years’…
2Cases cited4 opinions
- Gunn v. SinclairSupreme Court of Missouri · 1873
- Drey v. DoyleSupreme Court of Missouri · 1889
- Hulett v. NugentSupreme Court of Missouri · 1879
- Withnell v. PetzoldSupreme Court of Missouri · 1891
3Cited by6 opinions
- Midland Realty Company v. ManzellaMissouri Court of Appeals · 1957
- Koken Iron Works v. KinealyMissouri Court of Appeals · 1900
- Leahy v. LubmanMissouri Court of Appeals · 1896
- Corby v. Brill Book & Stationery Co.Missouri Court of Appeals · 1898
- Reid v. GeesSupreme Court of Missouri · 1919
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