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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Busby v. Stimpson, 542 S.W.2d 551 (1976)

Citation
Busby v. Stimpson, 542 S.W.2d 551 (1976)
Parent Document
Busby v. Stimpson, 542 S.W.2d 551 (1976)
Jurisdiction
Missouri (state)
Effective Date
1976-10-12

Full Text

868 chars
plaintiff landowners brought an action of unlawful detainer. Defendants were in possession under an oral lease and contended that they were entitled to 60 days written notice to vacate. The rental was based on a crop sharing arrangement and the term of the lease was disputed; however, defendants did not dispute the trial court’s finding that the lease was for one year, March 1, 1945 — March 1, 1946. The court held that the predecessor to § 441.070 RSMo 1969 governs oral leases which are unenforceable because of the statute of frauds. That section provides, “No notice to quit shall be necessary from or to a tenant whose term is to end at a certain time, or when, by special agreement, notice is dispensed with.” In applying that section, the court held that plaintiffs were not required to give defendants 60 days notice prior to March 1, 1946 because the “time