Conservative Realty Co. v. St. Louis Brewing Ass'n
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Geo. N. Shields, Judge. (1) The provisions in the lease as to the effect of the failure to procure the saloon license referred only to the first license, the one that was being sought when the lease was signed. The court therefore erred in refusing plaintiff’s instructions and giving defendant’s. Construction Co. v. Tie Co., 185 Mo. 25; 17 Am. & Eng.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. Geo. N. Shields, Judge. (1) The provisions in the lease as to the effect of the failure to procure the saloon license referred only to the first license, the one that was being sought when the lease was signed. The court therefore erred in refusing plaintiff’s instructions and giving defendant’s. Construction Co. v. Tie Co., 185 Mo. 25; 17 Am. & Eng. Ency. of Law (2 Ed.), p. 2; Hanna v. Land Co., 126 Mo. 1. (2) Moreover that provision, as a condition subsequent, was void because a dramshop license cannot be issued to a corporation. 6 Am. & Eng.…
1Opinion of the CourtGoode, J.
(after stating the facts) — If evidence to prove the purpose for which defendant leased the premises was incompetent, its admission was harmless because the lease document shows on its face what was *267understood by both the parties to it to be defendant’s purpose. The lessor (McClure) bound himself not to lease or rent for another saloon or dramshop in said block during the existence of the lease in question. That proviso not only shows the premises were let for a dramshop, but that the lessor agreed to protect the lessee against competition in the block. The next clause, which provided that if…
2Cases cited3 opinions
- Bent v. AlexanderMissouri Court of Appeals · 1884
- Union Depot Co. v. Chicago, Kansas & Nebraska Railway Co.Supreme Court of Missouri · 1892
- Sachleben v. WolfeMissouri Court of Appeals · 1895
3Cited by9 opinions
- Orme v. Atlas Gas and Oil Co.Supreme Court of Minnesota · 1944
- Illinois Cent. R. Co. v. Michigan Cent. R. Co.Appellate Court of Illinois · 1958
- Shannon Copper Co. v. PotterArizona Supreme Court · 1910
- Idalia Realty & Development Co. v. NormanSupreme Court of Missouri · 1911
- Counts v. MedleyMissouri Court of Appeals · 1912
4 more not listed; retrieve them via the Exa API.