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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

O'Neill v. Manget, 44 Mo. App. 279 (1891)

Citation
O'Neill v. Manget, 44 Mo. App. 279 (1891)
Parent Document
O'Neill v. Manget, 44 Mo. App. 279 (1891)
Jurisdiction
Missouri (state)
Effective Date
1891-03-24

Full Text

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It was held in Jackson v. Eddy, 12 Mo. 212, that “the consideration of the lessee’s undertaking to pay rent is the quiet, peaceable and indisputable (undisturbed %) possession of the premises leased, and is, in its nature, a condition precedent to the payment of rent. If the lessor by any wrongful act disturbs that possession which he should protect and defend, he thereby forfeits his right, and the lessee may abandon the possession of the premises leased, and thereby exonerate himself from liability to pay rent.” In Gray v. Gaff, 8 Mo. App. 329, the defendant had rented the rear of certain premises for a stable, their front part being occupied at the time partly as a storeroom and partly *282as a shop. The plaintiff subsequently let the front parq. of the premises for a restaurant, against the protest of the defendant, who claimed that such use was injurious to his horses. The use becoming injurious to the defendant’s horses, and the plaintiff declining to interfere for the defendant’s protection, the latter vacated the stable and refused to pay rent. The court held that the landlord’s conduct was in no sense an eviction, or a breach of the covenant of quiet enjoyment, and.that the defendant was liable for the rent. In course of the opinion Judge Bakewell said that it may be doubted whether Jackson v. Eddy would now be followed by the supreme court of the state. The cases, however, are easily reconciled. In the case of Jackson v. Eddy, the interference was by the landlord’s direct act, while, in Gray v. Gaff, it was an interference by one tenant with another, this court expressly deciding that the letting of the premises for use as a restaurant, and their use as such was not necessarily injurious to the defendant, but that the injury was the result of the manner in which they were used.