Edmunds v. Missouri Electric Light & Power Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Eisher, Judge. Plaintiff elected to sue the defendant for use and occupation. Where the relation of landlord and tenant exists, and is not created by deed, the landlord may elect to sue either on the contract or for use and occupation, but before an action for use and occupation can lie, the relation of landlord and tenant must be found to exist.
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Appeal from the St. Louis City Circuit Court. — Hon. Daniel D. Eisher, Judge. Plaintiff elected to sue the defendant for use and occupation. Where the relation of landlord and tenant exists, and is not created by deed, the landlord may elect to sue either on the contract or for use and occupation, but before an action for use and occupation can lie, the relation of landlord and tenant must be found to exist. R. S. Mo. 1889, sec. 6374; Bank v. Aull, 80 Mo. 199; Edmundson v. Kite, 43 Mo. 176; McLaughlin v. Dunn, 45 Mo. App. 645; 12 Am. and Eng. Ency. of Law, p. 756. “In an action for use and…
1Opinion of the CourtBond, J.
Plaintiff filed the following petition before a justice:
“Plaintiff for his cause of action states that the defendant is indebted to him in the- sum of $50 for rent due for premises fronting 20 feet on east side of Vandeventer Ave., by a depth eastwardly of 340 feet, more or less, between Washington Ave. and Olive street in the city of St. Louis, as per bill herewith, for which sum plaintiff prays judgment.”
Attached to which complaint was the following account:
“Missouri Electric Light & Power Co.,
“To Bernard C. Edmunds, Dr.
“For ten months rent of premises 20 feet front on the east side of…
2Cases cited6 opinions
- Aull Savings Bank v. Aull's AdministratorSupreme Court of Missouri · 1883
- Alexander v. RelfeSupreme Court of Missouri · 1881
- Edmonson v. KiteSupreme Court of Missouri · 1869
- Ray v. ThompsonMissouri Court of Appeals · 1887
- State ex rel. Stotts v. Farmers & Merchants' National BankSupreme Court of Missouri · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Landers v. SchneiderMissouri Court of Appeals · 1914