Adair v. Bogle
Supreme Court of Iowa
Appeal from Benton District Court. Measure oe damages: liability oe lessor eor refusal to give possession. — This is an action by a lessee against a lessor to recover damages for the refusal of the latter, to let the former into the possession of the demised premises.
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Appeal from Benton District Court. Measure oe damages: liability oe lessor eor refusal to give possession. — This is an action by a lessee against a lessor to recover damages for the refusal of the latter, to let the former into the possession of the demised premises. The defendant admits in his answer that on the 2d of September, 1864, he entered into a verbal contract with the plaintiff, as alleged in the petition, to let to him for one year from March 1, 1865, forty acres of land, to furnish him with a team and feed therefor, and the necessary seed and farming implements and house room,…
1Opinion of the CourtDillon, J.
i. lease: remedy'. On the trial, the plaintiff offered to prove by a witness, “ the yearly value of the rental of the premises, for the purpose of establishing the measure 0f damages in said cause.” This the court refused, but offered “to allow the plaintiff to prove the custom of tbe neighborhood in renting farms, and then show the difference between the custom aforesaid, and tbe contract upon which the plaintiff sues.’’
Thereupon plaintiff “offered to prove that the ordinary rental for fanning lands .in the neighborhood was three dollars per acre per annum.” This the court also refused.…
2Cases cited3 opinions
- Driggs v. DwightNew York Supreme Court · 1837
- Armstrong v. PiersonSupreme Court of Iowa · 1857
- Williams v. OliphantIndiana Supreme Court · 1852
3Cited by30 opinions
- Kuiken v. GarrettSupreme Court of Iowa · 1952
- Winston v. MooreSupreme Court of Pennsylvania · 1914
- Hodges v. A. P. Fries & Co.Supreme Court of Florida · 1894
- Herpolsheimer v. ChristopherNebraska Supreme Court · 1906
- Brewington v. LoughranSupreme Court of North Carolina · 1922
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