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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Wood v. Gabler, 70 S.W.2d 110 (1934)

Citation
Wood v. Gabler, 70 S.W.2d 110 (1934)
Parent Document
Wood v. Gabler, 70 S.W.2d 110 (1934)
Jurisdiction
Missouri (state)
Effective Date
1934-04-03

Full Text

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ner in which they were nsed by the tenant operating the restaurant, there was no breach of the covenant for quiet enjoyment nor a constructive eviction, and that the defendant was liable for the rent. The facts in the instant ease are different. Here the alleged interference is by the landlord’s direct act and falls within the class of cases such as Jackson v. Eddy, 14 Mo. 212, in which it is held that “the consideration of the lessee undertaking to pay rent is the qniet, peaceable and indisputable (.undisturbed) possession of the premises leased, and is, in its nature, a condition precedent to the payment of rent. If the lessor by any wrongful act disturbs that possession which he should protect and defend, he thereby forfeits his right, and the lessee may abandon the possession of the premises leased, and thereby exonerate himself from liability .to pay rent.” This distinction is clearly pointed out in O’Neill v. Nanget, 44 Mo. App. 279.