110 Mo. App. 603 | Mo. Ct. App. | 1905
— The petition in this case is in the nature of a bill in equity to compel the defendants to specifically perform a covenant of renewal contained in a lease and to enjoin them from prosecuting an un
The plaintiff could not set up his equitable right to an extended term growing out of the assignment to him of the covenant to renew, in defense of the unlawful detainer suit before the justice, and as equity will compel the specific performance of an agreement to renew, this suit was well brought. [Arnot v. Alexander, 44 Mo. 25; Biddle v. McDonough, 15 Mo. App. 532, 539.]
The judgment is affirmed.