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MISSISSIPPI GLASS CO. v. POLAND

No. 12377.

134 F.2d 169 (1943)

MISSISSIPPI GLASS CO. v. POLAND.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied March 29, 1943.

Attorney(s) appearing for the Case

S. Mayner Wallace, of St. Louis, Mo. (T. M. Pierce, A. M. Menzi, and Ralph B. Graham, Jr., all of St. Louis, Mo., on the brief), for appellant.

Clifford Greve and Thomas L. Croft, both of St. Louis, Mo. (Richmond C. Coburn, of St. Louis, Mo., on the brief), for appellee.

Before SANBORN, JOHNSEN, and RIDDICK, Circuit Judges.

JOHNSEN, Circuit Judge.

The primary question involved is whether, under the law of Missouri, a notice served upon a month-to-month tenant to quit the premises by December 1, 1939, was revoked as a matter of law, by a communication from the landlord on December 15, 1939, that "we will extend the period of your tenancy only until the end of this month, and * * * will take possession of the building on the morning of January 3rd, 1940", and by the acceptance thereafter...

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