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Plaintiff claims this ruling of the trial court was erroneous; because the defendant, having been served with notice by him to appear and defend the ejectment case, must make good the entire sum he paid to save an eviction by...
...notice. The only case which we find in any way construing the amendment to the statutes just mentioned is that of Murphy v. Building Co., 90 Mo. App. 621, 624, in which case the court, in speaking of evicting a...
...Men then filed a notice of appeal and requested certified copies of the hearing transcript from the circuit clerk. In response, the clerk sent Men a letter stating that “it has been determined that the matter was not- required to...
...Accordingly, no notice was required to evict her.
Appellants make three assertions in this point: (1) that respondent constructively evicted appellants so that rent should have been abated; (2) that even if respondent is entitled to monetary damages, it did not comply with the common law forfeiture procedures...
...On January 23, 2001, purchasers served a notice of eviction on tenant, which demanded he vacate the premises. Tenant did not vacate and surrender possession of the land and did not pay rent to purchasers. Purchasers filed a lawsuit for...
...Construction, the court considered the mootness of an appeal from an unlawful detainer action in which the appellant vacated the premises after an eviction judgment was entered. Id. The respondent filed a motion to dismiss, arguing that the appellant had...
...It is noticed by Judge Cowen, in Etheridge v. Osborn, 12 Wend. 532, as carrying the doctrine of eviction to its utmost verge. In Ogilvie v. Hull, 5 Hill, 54, Chief Justice Nelson calls the case of Dyett v. Pendleton...
...1282, that where a portion of the premises is used by another tenant for prostitution or gambling, there is no eviction of the adjoining tenant where the landlord had no reason to suspect, at the time of making the lease...
In a previous case we declined to attempt to frame a rule of general application by which to determine what amounts to the constructive eviction of a tenant. [Delmar Inv. Co. v. Blumenfeld, 118 Mo. App. 308, 94 S. W...
...The Davis woman moved out a few days after the giving of the notice by plaintiff’s agent but after defendant had notified plaintiff’s agent that he would vacate and move elsewhere. Defendant’s manager had twice complained of...
...348.] The offers, therefore, must be treated as though they were not in the record, and with them out of the case, we find no evidence in the record to support the defense of a constructive eviction of defendant.
...Manget, Association Railway Ticket-Broker.” Some time afterwards he removed his place of business to 1117 Poplar street, which is an adjoining locality, and, when so doing, he put up á notice painted on white calico, which covered the lower...
...The defendant vacated the flat'on January 19th, without having given plaintiff the statutory notice required under Section 2584, Revised Statutes of Missouri, 1929 (Mo. Stat. Ann., Sec. 2584, p. 4832), but sent a check tendering payment of rent' for...
...Without the application of this rule in his favor the tenancy is a farce, and the tenant from month to month, as in this case, may be evicted without notice by the simple refusal of his landlord to maintain the...
...359, 45 N.W.2d 319, 324, 28 A.L.R.2d 440, failure to make a promised alteration was held to be a constructive eviction, although waiver was claimed by continuance in possession with payment of rent for 23...
...The authorities declare that where the tenant is actually evicted from a portion of the premises, the entire rent is suspended even though possession is retained of a parcel of the demise. The doctrine with *674respect to such cases is...
...In short, the lease was not terminated by defendants’ failure to tender all the rent due on September 1, nor by election and notice thereof by plaintiffs. Instead, the lease ended by the wrongful act of plaintiffs, constituting an eviction...
...Prior to removing from the storeroom, defendant served a written notice upon her subtenant, Dr. Johnson, to the effect that she had been evicted from the premises .and abandoned the same, and requested him to vacate the second and third...
...Defendants agree to an immediate cessation of all collection and eviction attempts against any class member or tenant of [the Apartment] from 2016 to present. Following execution of the settlement agreement, defendants agree to dismiss all pending collection and rent...