Wolf v. Ranck
Supreme Court of Iowa
Appeal from pedar Rapids Superior pourt. — Hon. C. B. Bobbins, Judge. Action aided by landlord’s attachment fór rent, consolidated with an action in equity to enjoin the defendant from removing his property from the premises and committing waste. By the answer issue was raised as to plaintiffs right to recover rent, and there was also a counterclaim for ■ an installment of rent paid, for which no consideration was received.
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Appeal from pedar Rapids Superior pourt. — Hon. C. B. Bobbins, Judge. Action aided by landlord’s attachment fór rent, consolidated with an action in equity to enjoin the defendant from removing his property from the premises and committing waste. By the answer issue was raised as to plaintiffs right to recover rent, and there was also a counterclaim for ■ an installment of rent paid, for which no consideration was received. There was a judgment for plaintiff in the law action for one monthly installment of rent, and a decree in the action in equity perpetually enjoining defendant from…
1Opinion of the CourtMcClain, J.
On June 17, 1909, plaintiff filed his petition alleging that defendant was indebted to him for three monthly installments of rent under a five-year lease of a building’ occupied by defendant; said leáse expiring May 15, 1911. The mpnthly rental was $41.66. In addition to allegations as to a prior adjudication which need not be further referred to, the defendant pleaded eviction by plaintiff on April 15, 1909, and a continuance by plaintiff in the possession of the premises, constituting a cancellation of the lease and relieving the defendant from further’ liability for rent. Defendant further…
2Cited by3 opinions
- Erb-Kidder, Co. v. LevyMichigan Supreme Court · 1933
- Herrmeyer v. KleemanWisconsin Supreme Court · 1977
- Wolf v. RanckSupreme Court of Iowa · 1913