Woodburn v. Renshaw

• Decision Date: 31 March 1862
• Citation: 32 Mo. 197
• Parties: JACOB WOODBURN et al., Appellants, v. WILLIAM RENSHAW, Respondent.
• Court: Missouri Supreme Court

32 Mo. 197

JACOB WOODBURN et al., Appellants,

v.WILLIAM RENSHAW, Respondent.

Supreme Court of Missouri.

March Term, 1862.

Appeal from St. Louis Land Court.

This was an action upon the breach of a covenant in a lease. In April, 1847, Elizabeth Ashley rented to one Joseph S. Morrison, by indenture of lease, certain land on Broadway, in the city of St. Louis, and in the lease was the following covenant, to-wit:

“This lease may be renewed for ten years longer after the expiration hereof, provided the said lessee, or his legal representatives or assigns, shall punctually pay all the rent and taxes of every description, nature and kind which may be legally assessed on, or legally demanded of said premises, as the same shall become due, and perform all the other covenants, agreements and stipulations herein set forth.”

Joseph S. Morrison went into possession under the said lease, and died in possession, in 1849, intestate. William Renshaw, Jr., the respondent, the son-in-law of Joseph S. Morrison, administered upon the estate of his father-in-law, and also purchased, in his own behalf, the interests of all other persons in the leasehold under Morrison, deceased, and went into possession of all the rights and immunities of said leasehold formerly belonging to said Morrison. Renshaw remained in possession until May, 1855, when he assigned the remainder of the term to one Joseph La Barge, subject to the covenants of the lease.

Renshaw, during his possession, failed to pay the State and county taxes assessed for the years 1850 and 1851. The assignment from Renshaw to La Barge was as follows, to-wit:

He “assigned, transferred and set over unto one Joseph La Barge the said deed of lease from said Elizabeth Ashley, with all and singular the premises therein mentioned and described, and the buildings thereon, together with the appurtenances, to have and to hold the same unto the said Joseph La Barge, and to his heirs and assigns, from the first day of May, 1855, for and during all the rest, residue and remainder yet to come, of and in the term of years mentioned in the said indenture of lease; subject, nevertheless, to the rents, covenants, conditions and provisions therein also mentioned; the said Renshaw covenanting, granting, promising, and agreeing to and with the said Joseph La Barge that the said assigned premises now are free and clear of and from all former and other gifts, grants, bargains, sales, leases, judgments, executions, back rents, taxes, assessments, and encumbrances whatever, done or suffered by him, excepting two leases made by him to Jacob Woodburn, one dated December 15, 1853, and the other dated June 1, 1854, both of which were assigned to said La Barge.”

Joseph La Barge remained in possession of the leasehold under this assignment until January, 1856, when he assigned the remainder of the term to Woodburn & Scott, the appellants, with all and singular the premises mentioned and described in the lease, and the buildings thereon, together with the appurtenances, to have and to hold unto the said Woodburn & Scott, and their heirs and assigns, from the first day of January, 1856, for and during all the rest, residue and remainder yet to come of and in the term of years mentioned in the said lease, subject, nevertheless, to the rents, covenants, conditions and provisions therein also mentioned.

At the end of the term of the leasehold, Woodburn & Scott applied to the agent of Mrs. Ashley for a renewal of the lease according to one of its conditions, but the agent refused to renew the same because Renshaw had failed to pay the county and State taxes for the years 1850 and 1851, which, together with the damages assessed by law, amounted to $662.25. At this time, the appellants had property on the leasehold of the value of $30,000 in buildings and machinery. The property leasehold had been sold for the taxes.

The appellants informed Renshaw, respondent, of the circumstances of the non-payment of the taxes by him, and of the refusal of the agent of Mrs. Ashley to renew the lease unless the taxes and damages were paid; whereupon he promised Woodburn & Scott to pay the taxes and damages arising thereby, but failed to do so, and appellants were finally compelled to pay the same in order to protect their property and obtain a renewal of the lease.

Woodburn & Scott sued Renshaw for $662.25, interest on the same, and costs. The case was tried by the court on the following agreed statement of facts, to-wit:

“It is agreed to submit this case to the court upon the following statement of facts: That Elizabeth Ashley leased the premises mentioned in the petition to Joseph S. Morrison, by the lease therein described, a copy of which is filed in the cause; that defendant, after the death of Morrison, acquired by purchase, by deed of Morrison's heirs to him, of date 24th October, 1851, the entire ownership of said lease, and entered into possession of the premises; that said defendant failed to pay the taxes assessed on said property by the county of St. Louis and State of Missouri, for the years 1850 and 1851; that defendant subsequently thereto, to wit, on or about the ____ day of May, 1855, assigned said property to Joseph La Barge, by the assignment filed with the petition, and made the covenant therein, and that said La Barge, under said assignment, entered into possession of the premises; that said La Barge continued in possession until January 1, 1856, complying with all the covenants and agreements resting upon him by virtue of said lease and said assignment, at which time he executed to plaintiffs a conveyance of his right and title in the premises, which conveyance is also on file with the petition, and put plaintiffs in possession of the said premises; that plaintiffs continued in possession of said premises, complying with all the covenants and agreements resting upon them by virtue of said lease and said assignment, until the 15th day of April, 1857, at which time they had upon said premises property to the value of at least $30,000, in buildings and machinery; that up to said 15th day...