146 Mo. App. 208 | Mo. Ct. App. | 1909
Plaintiff leased to James Engel and Wellington D. Burge a store room in St. Louis for a term to begin March 1, 1904, and end December 2, 1904, or nine months, for $250 a month, payable in advance. The lease was by a written instrument dated February 23,1904, and one of its clauses was a prohibition against subletting the premises, or allowing any other tenant to come in with or under the lessees without the written consent of plaintiff. To secure the rent for the entire term the lessees executed a bond to plaintiff with defendant Powell as surety, then took possession of the premises and paid rent as it fell due until September, when they vacated, owing a balance of $188.35. The present action was instituted on the bond to recover said sum, Powell alone being served with summons. In defense it is contended defendant was discharged from his obligation as surety on the bond, by plaintiff notify
The judgment is affirmed.