Mowry v. Wareham
Supreme Court of Iowa
Appeal from Carroll District Court. — Hon. S. M. Elwood, Judge. Plaintiff leased to the defendants a farm for three years, from March 1, 1894, at an annual rental of seven hundred and ninety-eight dollars and seventy-five cents.
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Appeal from Carroll District Court. — Hon. S. M. Elwood, Judge. Plaintiff leased to the defendants a farm for three years, from March 1, 1894, at an annual rental of seven hundred and ninety-eight dollars and seventy-five cents. The rent was to be paid two hundred and sixty-six dollars and seventy-five cents on the first day of November of each year, and the balance, five hundred and thirty-two dollars, at the end of the year, March 1. There was a provision in the lease that, if any installment of rent was not paid when due, the lessor might declare the rent for the whole year due. There was…
1Opinion of the CourtGranger, J.
1 Counsel are in contention as to the legal effect of the amended and substituted petition, by which the claim for the last installment of rent was omitted, and a claim made for simply the first installment. Appellee urges that, by the substituted petition, the former one constituted no part of the issue for trial; while appellants contend that as there was no formal dismissal of the first petition, and the answer to it remained, the issue as formed stood for trial. We adopt appellee’s view, and think the manifest intention'was to supplant, for the purposes of the issues to be tried, the…
2Cited by4 opinions
- Thayer v. Smoky Hollow Coal Co.Supreme Court of Iowa · 1906
- Williams v. WilliamsSupreme Court of Iowa · 1902
- Newberry v. NewberrySupreme Court of Iowa · 1901
- Redhead v. Iowa National BankSupreme Court of Iowa · 1904