Robin Farms, Inc. v. Bartholome, 989 S.W.2d 238 (1999)

Citation: Robin Farms, Inc. v. Bartholome, 989 S.W.2d 238 (1999)
Parent Document: Robin Farms, Inc. v. Bartholome, 989 S.W.2d 238 (1999)
Jurisdiction: Missouri (state)
Effective Date: 1999-04-06
Original Source: https://www.courtlistener.com/opinion/2453209/robin-farms-inc-v-bartholome/ ↗

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In contending that the respondents were not entitled to summary judgment on their counterclaim for ejectment because there was a genuine dispute as to whether they were entitled to possession of the farm, the appellants are not disputing the fact that the assignment of the lease by Harlow Fay to Robin Farms was done without the consent of the respondents in violation of the terms of the lease agreement and that the lease was, therefore, in default. What they argue is that, regardless of whether the assignment was defective, they were lawful year-to-year tenants of the farm by reason of actual possession thereof and payments made to the respondents by Robin Farms, or on its behalf, as a tenant, and that this tenancy could not be terminated without legal notice to it from the respondents, as required by § 441.050. In making this argument, they primarily rely on Busby v. Stimpson,

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