Exchange Real Estate & Building Co. v. Schuchmann Realty Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Sow. Bobt. M. Foster, Judge. (1) The lessor and lessee having agreed on terms for a new lease, and said new agreement not having provided for the removal of the improvements, under the terms of the original lease the right to remove ceased. Williams v. Lane, 62 Mo. 66. (2) The lessee and his assignee having abandoned the premises and improvements thereby lost the right to remove same.
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Appeal from St. Louis City Circuit Court. — Sow. Bobt. M. Foster, Judge. (1) The lessor and lessee having agreed on terms for a new lease, and said new agreement not having provided for the removal of the improvements, under the terms of the original lease the right to remove ceased. Williams v. Lane, 62 Mo. 66. (2) The lessee and his assignee having abandoned the premises and improvements thereby lost the right to remove same. Loughran v. Ross, 45 N. T. 792; Davis v. Moss, 38 Pa. St. 346; Corning v. Factory, 40 N. T. 219; Marks v. Ryan, 63 Cal. 107; Henck v. Smith, 103 Ind. 203; Waters v.…
1Opinion of the CourtBland, P. J.
— This controversy arises out of the following clause in a lease of certain real estate, in the city of St. Louis; for a term of five years, executed by Simon Rossi to William H. Dausman, February 20, 1895 to-wit:
“At expiration of said lease in case the said lessor, his heirs or assigns, and the said lessee, his heirs or assigns, do not agree on terms for new lease of said lot,' said lessor, his heirs or assigns, agree to allow the said lessee, his heirs or assigns, to* remove all improvements put on lot by said lessee at his, said lessee’s, expense. ’ ’
*27The lease hy mesne assignments was…
2Cases cited3 opinions
- State ex rel. Hospes v. BranchSupreme Court of Missouri · 1899
- Williams v. LaneMissouri Court of Appeals · 1895
- Cornwall v. GanserMissouri Court of Appeals · 1900
3Cited by2 opinions
- Hammond v. DarlingtonMissouri Court of Appeals · 1904
- City of St. Louis v. NelsonMissouri Court of Appeals · 1904