67 Mo. App. 191 | Mo. Ct. App. | 1896
This is an action of unlawful detainer, in which plaintiff recovered judgment in the circuit court.
The property in controversy is a market house stall, number 41, situated with others in the open space immediately around and outside of the market house in Kansas City. The following, substantially, may be considered the facts :
The property was leased, in reality, for one Cartwright, but taken in the name of plaintiff, who had the control and management thereof for Cartwright. Its duration was for a year ending March 31, 1894. It was again leased to plaintiff in the same way for the year ending March 31,1895. In November, 1893, defendant rented the stall of the lessee for $8 per month, payable monthly, for the balance of the first term, ending March 31, 1894, as aforesaid. On May 31, 1894, plaintiff gave defendant notice to quit, on or before June 30, following.
As before stated, we construe the notice in this case to be a notice to give up the possession on the end of the day of June 30 — that is, at the time when the monthly term expired. It is, in effect, the same thing as if it had been a notice to quit on the day corresponding to the beginning of the term; and since the ending of a term and the beginning of a succeeding term must be at the same moment of time, when one day ends- and another begins, we think it practical and consistent with reason to hold that a notice to quit at the end of the last day of the term, or at the beginning of the first day of what would be a succeeding term, to be one and the same thing. And so we held in Combs v. Midland Co., 58 Mo. App. 112, that a notice to quit on the last-day of the term was a sufficient notice — it being understood that he should quit at the end of that day.