U.S. Circuit Court for the District of Eastern Missouri October 18, 1882 (Gay v. Joplin)

Treat, D. J.

The petition does not count on a written lease, nor was such a lease filed with the petition as the statute requires, hence the trial proceeded as on a verbal lease for $650 per year, which the answer admitted. If a written lease contained specific terms or provisions of which the plaintiff desired to avail himself, these terms should have been set out or averred and the lease filed.