Smith v. Dayton
Supreme Court of Iowa
Appeal from Des Moines District Court. — Hon. J. D. Smythe, Judge. On the ninth day of September, 1889, the1 plaintiff, by written contract, leased to defendant Dayton, and one George Heider two hundred and sixty acres of land in Des Moines county, Iowa, for the term of five years, from and after January 1, 1890, at the agreed yearly rental of eight hundred dollars; payment for the first year to be made in advance, and for each subsequent year at the end of the year.
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Appeal from Des Moines District Court. — Hon. J. D. Smythe, Judge. On the ninth day of September, 1889, the1 plaintiff, by written contract, leased to defendant Dayton, and one George Heider two hundred and sixty acres of land in Des Moines county, Iowa, for the term of five years, from and after January 1, 1890, at the agreed yearly rental of eight hundred dollars; payment for the first year to be made in advance, and for each subsequent year at the end of the year. The lease provided that plaintiff “shall have a lien for the rent at any time remaining unpaid upon any and all property of the…
1Opinion of the CourtDeemer, J.
1 *1072 *106We will first dispose of plaintiff’s appeal. He claims that a landlord’s lien should be established for the balance he allege® to be due upon the eight hundred .and seventy-five dqllar note. We do not think so1. . He has so' blended his accounts with reference to the rents for the years 1890 and 1891 with other items, and has so acted with reference *107to the securities taken, that we think he has waived any Men he might have had for the rent reserved in the lease for these years. Erickson v. Smith, 79 Iowa, 374; Rollins v. Proctor, 56 Iowa, 326; Kendrick v. Eggleston, 56 Iowa, 128. In order…
2Cases cited4 opinions
- Sioux Valley State Bank v. HonnoldSupreme Court of Iowa · 1892
- Rollins v. ProctorSupreme Court of Iowa · 1881
- Erickson v. SmithSupreme Court of Iowa · 1890
- Kendrick v. EgglestonSupreme Court of Iowa · 1881
3Cited by8 opinions
- Ladner v. BalsleySupreme Court of Iowa · 1897
- First National Bank v. FlynnSupreme Court of Iowa · 1902
- Kladivo v. HospodarskySupreme Court of Iowa · 1920
- Wabash Railroad v. BowringMissouri Court of Appeals · 1903
- Bain v. UllerichSupreme Court of Iowa · 1920
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