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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Wood v. Gabler, 70 S.W.2d 110 (1934)

Citation
Wood v. Gabler, 70 S.W.2d 110 (1934)
Parent Document
Wood v. Gabler, 70 S.W.2d 110 (1934)
Jurisdiction
Missouri (state)
Effective Date
1934-04-03

Full Text

1,062 chars
In Dolph v. Barry, 165 Mo. App. 659, l. c. 668, 148 S. W. 196, in the course of the opinion, it is held that ‘ ‘ a constructive eviction may be found, even though no actual entry on the premises is made by the lessor, when it appears that he, or one acting under his authority, does some act ’ amounting to intentional, injurious interference by the landlord with the tenant’s possession and which deprives the tenant of the means or the power of beneficial enjoyment of the demised premises, or any part thereof, or materially impairs such beneficial enjoyment. A mere trespass on the part of the landlord will not suffice, but to, constitute an eviction by construction of law, the wrongful conduct of the landlord must be sufficient, through affirmative act or omission of duty, to render the premises, untenable for the purpose for which the tenant leased them or at least seriously interferes with their permanent use. [See Delmar Invest. Co. v. Blumenfield, 118 Mo. App. 308, 94 S. W. 823; Vromanis Apts. Co. v. Goodman, 145 Mo. App. 653, 123 S. W. 543.] ”