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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

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

Full Text

1,329 chars
It is conceded that defendant did not expressly agree to continue as plaintiff’s tenant at $750' per month and it is conceded, too, that he dissented therefrom on the first d!ay of November and tendered $150 as the rental under the original contract. But it is argued his dissent manifested on that day was insufficient, for it is said he should have done so within a reasonable time after the notice was served and not on the first day of November when the proposed' new lease was to become effective. It is a sufficient answer to this argument to say that, until the prior tenancy had been terminated, a new one could not be created. The relation is one of contract and the question is one of the •meeting of minds with respect to the subject-matter. The cases relied upon involve a holding over after the termination of the term for which the premises were let. Hunt v. Bailey, 39 Mo. 257, and Adriance v. Hafkemeyer, 39 Mo. 134, both involve a holding over by the tenant after the term, for which the prior letting was had, had come to an end. No question of notice to terminate the tenancy was involved, for the term ended by the duration of the time theretofore stipulated. The notice given in those .cases merely went to the effect that,.if the tenant desired a new lease, it could be had at the increased rental proposed.