Grumley v. Webb, 48 Mo. 562 (1871)

Citation: Grumley v. Webb, 48 Mo. 562 (1871)
Parent Document: Grumley v. Webb, 48 Mo. 562 (1871)
Jurisdiction: Missouri (state)
Effective Date: 1871-10-15
Original Source: https://www.courtlistener.com/opinion/8046745/grumley-v-webb/ ↗

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Second. A new and further ground is now urged in support of tbe motion, that if tbe settlement covered tbe suit then pending for tbe value of tbe buildings, it did not embrace tbe plaintiff’s claim upon tbe leasehold. In other words, Mr. Grumley’s counsel present him in tbe attitude of prosecuting a claim to recover tbe value of tbe improvements upon tbe premises, consisting entirely of buildings; and having succeeded in that, now seeking to recover back tbe buildings themselves, in their improved condition, in a suit for tbe leasehold. Tbe remarkable prosperity of tbe city, with tbe repairs and fitting up of tbe buildings, may have so enhanced tbe value of tbe leasehold as to make it now an object of pursuit. But tbe claim will not avail him, both because of its inherent vice, and because tbe whole matter of tbe lease was covered by tbe settlement.

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