72 Mo. App. 151 | Mo. Ct. App. | 1897
In November, 1896, the defendant agreed orally to lease from the plaintiff the second and fourth stories of a building in the city of St. Louis for the period of five- years, the term to begin on the first day of December following. The plaintiff was to occupy the other stories. The parties contemplated the execution of a written lease in accordance with their agreement, but this was neglected. In pursuance of the agreement, and with the consent of the plaintiff,
state that an entry under a verbal lease a o i n n , n , ot farm lands tor a term of years creates a tenancy from year to year. Kerr v. Clark, 19 Mo. 132; Ridgely v. Stillwell, 28 Mo. 400; Scully v. Murray, 34 Mo. 420; Hosli v. Yokel, 58 Mo. App. 169. The same rule was applied to houses in cities and towns, until- the enactment of section 6371, Revised Statutes 1889. Under this section an entry into such tenements under a verbal letting for a term of years, creates a tenancy from month to month, instead of from year to year.
With the concurrence of the other judges the judgment of the circuit court will be affirmed. It is so ordered.