Ware v. Dunlap
Missouri Court of Appeals
Appeal from Linn Circuit Court. — Hon. John P. Butler, Judge. The circuit court tried the case on the theory that the plaintiff was not liable for her failure to fulfill her covenants contained in the lease to defendant Dunlap with respect to making repairs of the fences and other improvements on the farm, specified in the lease to be made by her, unless said defendant demanded of her that she make the same. This was manifest error.
Read the full summary
Appeal from Linn Circuit Court. — Hon. John P. Butler, Judge. The circuit court tried the case on the theory that the plaintiff was not liable for her failure to fulfill her covenants contained in the lease to defendant Dunlap with respect to making repairs of the fences and other improvements on the farm, specified in the lease to be made by her, unless said defendant demanded of her that she make the same. This was manifest error. Wood’s Landlord and Tenant,- secs. 377, 378; Riley v. Pettis County, 96 Mo. 318; Schenk v. Forrester, 102 Mo. App. 124; Cook v. Soule, 56 1ST. Y. 420; 12 Am. and…
1Opinion of the CourtBroaddus, P. J.
This is a suit on a promissory note given for rent of a farm. The plaintiff leased to defendant Dunlap 160 acres of land in Livingston county, for the term of one year, commencing March 1, 1909, at a rental of three dollars per acre or $480 for the term. For payment of the rent the defendant Dunlap with defendant Cotter executed to plaintiff promissory notes as follows: One note for $100 to be paid February 25, 1909, one note for $100 to be paid December 1, 1909, and one for $280 to be paid January 1, 1910. All were dated February 16, 1909. On the same day plaintiff executed a written lease…
2Cases cited2 opinions
- Riley v. Pettis CountySupreme Court of Missouri · 1888
- Schenk v. ForresterMissouri Court of Appeals · 1903
3Cited by1 opinion
- Poutra v. SappCourt of Appeals of Texas · 1915