Legal Opinion

Pearson v. Howell

Supreme Court of Iowa

Decided November 16, 1918PublishedCited by 6 opinions

Appeal from■ Polk District Court. — Thomas J. Guthrie, Judge. Suit in equity to enjoin defendants from molesting or interfering with plaintiff’s possession of certain leased premises. Decree dismissing plaintiff’s petition.

1Opinion of the CourtStevens, J.

I. Plaintiff and defendant H. It. Howell, on or about July 3, 3917, entered into a written lease, by the terms of which the former leased a certain three-story brick building, known as the “Elite Theatre,” in the city of Des Moines. A printed form of lease was used by the parties, but it concluded with the following typewritten provision:

“The lessor hereby agrees to extend this lease for four years from July 1st, 1918, if the lessee so desires, provided that the lessee notifies the lessor on or before May 1st, 1918, of his desire to have the lease so extended.”

The lease also contained the…

2Cases cited3 opinions

  1. Van Sant v. BeuderNebraska Supreme Court · 1917
  2. Phelps v. JohnsonCourt of Appeals of Texas · 1915
  3. Starkweather v. Emerson Manufacturing Co.Supreme Court of Iowa · 1906

3Cited by6 opinions

  1. Johnson Lakes Development Inc. v. Central Nebraska Public Power & Irrigation DistrictNebraska Supreme Court · 1998
  2. R & R Welding Supply Company v. City of Des MoinesSupreme Court of Iowa · 1964
  3. Standard Oil Co. v. VelandSupreme Court of Iowa · 1929
  4. Papulias v. WirtzAppellate Court of Illinois · 1947
  5. Frankel v. PitlorNebraska Supreme Court · 1958

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