Flanagan v. Lazerine, 175 Mo. App. 188 (1913)

Citation: Flanagan v. Lazerine, 175 Mo. App. 188 (1913)
Parent Document: Flanagan v. Lazerine, 175 Mo. App. 188 (1913)
Jurisdiction: Missouri (state)
Effective Date: 1913-06-03
Original Source: https://www.courtlistener.com/opinion/8299680/flanagan-v-lazerine/ ↗

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There can be no doubt that such is the doctrine of our law on the subject and that it generally obtains, as well, as will appear by reference to the textbooks above cited. Though the notice given in the instant case expressed the intention of plaintiff to terminate the tenancy and contained a proper demand for possession, it was wholly ineffective because, of the alternative proposition to continue the tenancy at an increased rental of $750 per month. It was not explicit and positive but rather in the alternative, for that, in the language of Lord Mansfield, “it offered a new bargain. ’ ’ The notice being ineffective, as it was, to terminate the tenancy, it is entirely clear that the relation of the parties continued as before under the original rental of $150 per month, unless defendant ac*194cepted plaintiff’s proposition of a new tenancy of $750 per month rent by continuing in possession of the premises.

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