Gray v. Gaff, 8 Mo. App. 329 (1880)

Citation: Gray v. Gaff, 8 Mo. App. 329 (1880)
Parent Document: Gray v. Gaff, 8 Mo. App. 329 (1880)
Jurisdiction: Missouri (state)
Effective Date: 1880-02-10
Original Source: https://www.courtlistener.com/opinion/6732597/gray-v-gaff/ ↗

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Jackson v. Eddy, 12 Mo. 209, was decided in Missouri whilst the case in 8 Cowen was newly decided, and seems to be based upon the authority of that cáse. Whether it would now be followed by the Supreme Court of this State may be doubted. But it goes no further than this, whether we consider the point decided, or what is said in the case: that if the lessor himself, directly, by any wrongful act, disturbs the possession which he should protect and defend, he thereby forfeits his right, and the lessee may abandon the possession, and thereby exonerate himself of the liability to pay rent. This must be on the ground that it is to be taken as a declaration on the part of the landlord that he intends that the tenant shall no longer retain possession. The Missouri case goes even further than the New York case, as the facts are not so strong against the landlord, there being no moral turpitude. But in both these cases the acts which were followed by the abandonment of the premises, and held equivalent to an eviction, were the' acts of the landlord himself, and not of a tenant.

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