RAILEY, C.
On August 26, 1922, the American Press. Company, a corporation, filed in the office of the clerk of the circuit court of the city of St. Louis, Mo., an action against the city of St. Louis aforesaid to recover certain rent alleged to be due it. The petition alleges that on April 23, 1915, the parties aforesaid entered into an indenture of lease, whereby plaintiff let unto defendant, for the period beginning May 1, 1915, and ending April 30, 1917, at a rental of $250 per `month, payable at the end of each and every month during the term of said lease, the following premises situated in said city, said premises to be used as an office for the sheriff of said city, to wit: The first floor room, known as 421 Chestnut street, of the Times building, in city block 101.
It is alleged that under the terms of said lease it was provided that defendant Should have the privilege of renewing the same from one to six years at the same annual rental, and that, at the termination of said two years, defendant availed itself of the right of renewal, and renewed said lease for the full period of said extension privilege, to wit, for a period of six years, and continued in possession pursuant to the exercise of said renewal privilege. It is further alleged that there is now due it from defendant under the terms of said lease, and renewal privilege, the sum of $3,000 for the months of August, September, October, November, and December, 1921; and for January, February, March April, May., June, and July, 1922; that it has demanded said payment which was refused by defendant.
The petition concludes with a prayer for judgment in the sum of $3,000, with interest and costs of suit.
The answer admits the incorporation of defendant, but denies every other allegation of the petition.
Evidence was introduced by plaintiff in support of its contentions, but the defendant offered no evidence and stood upon its demurrer to plaintiff's evidence.
Plaintiff submitted to the court its finding of facts as follows:
"The parties to the above-entitled cause having waived trial by jury, and"this cause coming on for hearing the 11th day of June, 1923, and during the June term, 1923, of the above-entitled court, before Hon. M. Hartmann, judge of said csourt, presiding in division No. 2 thereof, both parties appear by their attorneys of record, and this cause having been submitted to the court on the pleadings and evidence adduced by the plaintiff, the defendant having elected to stand upon its demurrer to the evidence filed at the close of plaintiff's case, the same having been overruled by the court, the court, pursuant to the request of defendant, makes the following finding of facts:
"That plaintiff is a corporation organized under
the laws of the state of Missouri and that the name of plaintiff formerly was German-American Press Association. That its name has, since the execution of the lease hereinafter referred to, been changed to the American Press, and that the city of St. Louis is a municipal corporation, duly organized and existing under the laws of the state of Missouri.
"That on the 23d day of April, 1915, the plaintiff and defendant entered into and duly executed a lease for certain premises, to be used and occupied as an office for the sheriff of and for said city of St. Louis, being the first floor of premises known as 421 Chestnut street in the Times building in city block 101 in the city of St. Louis, Mo. That said lease, which was executed by the plaintiff and the defendant, is in words and figures as follows:
"`This agreement, made and entered into this 23d day of April, 1915, by and between German-American Press Association, party a the first part, and the city of St. Louis, acting herein by and through the city comptroller, party of the second part, witnesseth as follows:
"`That said party of the first part hereby demises and leases unto the said party of the second part the following described premises, situated in the city of St. Louis, Mo., to wit: The first floor room, known as No. 421 Chestnut street, of the Times building, in city block No. 101, for a term and period beginning on the 1st day of May, 1915, and ending and to be fully completed on the 30th day of April, 1917 (with the privilege of renewal of from 1 to 6 years at the same annual rental); the said premises to be used and occupied as an office for the sheriff in and for the city of St. Louis, upon the following terms and conditions, to wit:
"`First. For the use and rent of said premises, the said party of the second part hereby agrees and promises to pay to said party of the first part the sum of two hundred and fifty dollars ($250.00) monthly, payable at the end of each and every month during the term hereby created.
"`Second. The said party of the first part hereby undertakes and agrees to make such alterations and changes in the premises aforesaid as may be needful and necessary to adapt the same for the uses and purposes of said sheriff, and to the satisfaction of the sheriff and the comptroller of the city of St. Louis, and thereafter to keep the said premises in a constant state of repair, to the satisfaction of the sheriff and said comptroller, during the continuance of this contract; and the said party of the first part hereby further undertakes and agrees, for the amount aforesaid to it to be paid by said party of the second part, to furnish all the light, heat, water and janitor service that may be required for said premises, to the satisfaction of the said sheriff for the city of St. Louis; the party of the second part hereby agreeing, however, that it will make no charge against the said party of the first part for the water that may be used in the said premises above described and covered by this contract.
"`Third. If the said premises shall be destroyed by fire, or by the elements, or should be injured to such an extent by fire or the elements as to render the same untenantable, for the purposes aforesaid, then this lease shall end and determine.
"`Fourth. If the said party of the first part at any time fails to keep and perform any of the covenants or agreements herein stipulated, the term hereby created shall, at the option of the city of St. Louis, cease, end, and determine as fully as if by lapse of time.
"`In witness whereof, the said party of the first part has hereunto set its hand, and has hereto affixed its seal, and the said party of the second part, acting herein by and through James Y. Player, its comptroller, has signed its corporate name and affixed its corporate seal, attested by its register, the day and year hereinbefore first mentioned. [Signed] German-American Press Association, by Edw. L. Preetorius, Pres. [Signed] City of St. Louis, by James Y. Player, Comptroller. Attest: M. R. Witter, Register.
"`City Counselor's Office
"`St. Louis, April —, 1915
"The foregoing lease is in due form according to law.
"`[Signed] William E. Baird
"`City Counselor
"`German-American Press Association [Corporate Seal] St. Louis, Mo. [Common Seal of City of St. Louis.]'
"That at the time said lease was entered into and executed James Y. Player was the comptroller of and for the said city of St. Louis, and Joseph F. Dieckmann was the sheriff of `and for said city of St. Louis. That, after the execution of said lease, and pursuant to the terms thereof, the said sheriff of the city of St. Louis entered into, and took possession of, and occupied, the said premises on the 1st day of May, 1915, and continued in the possession thereof up to and including the 1st day of January, 1917; that on said 1st day of January, 1917, George T. Weinbrenner, who, ant the prior general election in November, had been elected for a term of four years to the said office of sheriff of the city of St. Louis, qualified as such sheriff, and took possession of said premises as such and continued in the possession thereof up to the 1st day of January, 1921. That on said 1st day of January, 1921, Charles E. Mohrstadt, who, at the prior general election in November, had been elected for a term of four years to the said office of sheriff of the city of St. Louis, qualified as such sheriff, and took possession of said premises as such, and continued in the possession thereof up to and including the 31st day of July, 1921. That up to the 31st day of July, 1921, plaintiff and defendant observed all the terms, conditions," and covenants of said lease, and defendant paid to plaintiff the rental in the sum of two hundred and fifty dollars ($250.00) per month and at the times as specified in said lease; that on said 31st day of July, 1921, defendant vacated the premises aforesaid, but the plaintiff refused to accept surrender or possession thereof.
"That thereafter plaintiff and defendant agreed that plaintiff should take possession of said premises without prejudice, and with the understanding that the stipulation hereinafter mentioned would be entered into and duly executed by the parties. That thereupon plaintiff took possession of said premises, and plaintiff and defendant entered into the following agreement and stipulation, which was offered in evidence by the plaintiff, and admitted in evidence by the court, and marked Plaintiff's Exhibit B, which is in words and figures as follows
"`Whereas, by instrument dated April 23, 31st day of July, 1915, the American Press, a corporation, then ed and refused to having the name of ...
