Lancashire v. Garford Manufacturing Co., 199 Mo. App. 418 (1918)

Plaintiff contends that defendant should have remained on the premises and awaited the result of the agent’s efforts to get the Davis woman out of the premises. The Davis woman moved out a few days after the giving of the notice by plaintiff’s agent but after defendant had notified plaintiff’s agent that he would vacate and move elsewhere. Defendant’s manager had twice complained of the condition present before the third and last time, after which he moved out. As before stated, nothing was done to abate the nuisance until defendant notified plaintiff’s agent that he would vacate the premises.- At this time plaintiff’s agent instead of giving defendant definite assurance that he would put the disreputable tenants out, beclouded the matter by expressing doubt as to ability to get' the Davis woman out of the premises. If defendant had suffered a constructive eviction, we see no reason why it should, before making arrange*425ments to move elsewhere, await the result of an effort on the part of the landlord to get the disreputable tenant out, at least, where it was shown that the landlord was .offering some lame excuse why he might-be frustrated in his efforts to remove the objectionable tenant and thus abate the nuisance.