Rieger v. Welles
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Uo». E. P. Gates, Judge. (1) On the undisputed facts plaintiff was entitled to recover. The lease contained a covenant to pay the rent but contained no covenants on the part of the lessor. The defendants signed the lease, accepted possession of a part of the leased premises, knowing that Crowe was in possession of the other and smaller part.
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Appeal from Jackson Circuit Court. — Uo». E. P. Gates, Judge. (1) On the undisputed facts plaintiff was entitled to recover. The lease contained a covenant to pay the rent but contained no covenants on the part of the lessor. The defendants signed the lease, accepted possession of a part of the leased premises, knowing that Crowe was in possession of the other and smaller part. This agreement on their part waived the full performance of any implied covenant on the part of the plaintiff for full possession of the property. Prior v. Kiso, 81 Mo. 249'; R. S. 1889, sec. 6371. (2) The lease…
1Opinion of the CourtSmith, P. J.
— Action for rent. The plaintiff was the owner of a storeroom which was divided into two rooms, Nos. 1028 and 1028\ on Union avenue in Kansas City. On September 17, 1898, the Heim Brewing Co. occupied the former of these rooms for storage purposes under some kind of an agreement with the plaintiff. One Crowe occupied the latter under a lease expiring on October 1, 1898. On the said 17th day of September the plaintiff and defendants entered into a written lease by the provisions of which the former •demised to the latter said storeroom for the term of five years at a rent reserved of one…
2Cases cited5 opinions
- Hughes v. HoodSupreme Court of Missouri · 1872
- Jackson v. EddySupreme Court of Missouri · 1848
- Field v. HerrickIllinois Supreme Court · 1881
- Smith v. ThurstonMissouri Court of Appeals · 1885
- Kean v. KolkschneiderMissouri Court of Appeals · 1886
3Cited by4 opinions
- Sloan v. . HartSupreme Court of North Carolina · 1909
- Hannan v. DuschSupreme Court of Virginia · 1930
- Loria's Garage, Inc. v. SmithNew Jersey Superior Court Appellate Division · 1958
- Pearce v. HoytMissouri Court of Appeals · 1909