Vorse v. Des Moines Marble & Mantel Co.
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. W. F. Conead, Judge. January22,1884, other parties executed a lease to a certain lot in the city of Des Moines, Iowa, to- which lease the parties to this suit have succeeded in interest, the plaintiff as lessor, or party of the first part, and the defendant as lessee, or party of the second part, and a consideration of the ease does not require a reference to other parties.
Read the full summary
Appeal from Polk District Court. — Hon. W. F. Conead, Judge. January22,1884, other parties executed a lease to a certain lot in the city of Des Moines, Iowa, to- which lease the parties to this suit have succeeded in interest, the plaintiff as lessor, or party of the first part, and the defendant as lessee, or party of the second part, and a consideration of the ease does not require a reference to other parties. The lease provided that the lessee should pay, aside from the annual rental, all taxes and assessments of every kind and nature, that might be assessed against said lot, including…
1Opinion of the CourtGranger, J.
1 I. We notice first the question .as to defendant’s liability for the unpaid balance of the assessments. The facts in the case are so far stipulated that there is really no question of fact at issue. A® much importance, in argument, is attached to the fact of the assessments being payable in installments, it may be well to at once consider the law on that, subject, and ascertain how the assessments are affected by it. It is appellee’s claim that as to her, at least, there is no such right, because she is the owner of the lot, and only the owner can, under the law, make the waiver and…
2Cases cited5 opinions
- Stout v. FolgerSupreme Court of Iowa · 1871
- Smith v. ParkSupreme Court of Minnesota · 1883
- Bacon v. MarshallSupreme Court of Iowa · 1873
- Lyon v. AikenSupreme Court of Iowa · 1886
- Sullivan v. CarberrySupreme Judicial Court of Maine · 1877
3Cited by5 opinions
- In re Sherwoods, Inc.Court of Appeals for the Second Circuit · 1913
- Leslie Pontiac, Inc. v. NovakSupreme Court of Iowa · 1972
- Richards v. OntaiHawaii Supreme Court · 1910
- United States v. AllbaughDistrict Court, D. Nebraska · 1949
- Minnesota Loan & Trust Co. v. Medical Arts Bldg. Co.District Court, D. Minnesota · 1934