Spataro v. Battani

This is a suit in equity for possession of premises being used as a tavern, restaurant and living quarters, known as 900 Sixth Avenue, Des Moines, Iowa. Plaintiff alleged defendant had breached the terms of a written lease agreement by failure to pay rent, as stipulated, and by permitting the premises to be used for unlawful purposes, and that under paragraph 29 thereof he elected to exercise his option to forfeit the lease.

Defendant’s answer admitted the execution of the lease, but denied he had failed to- pay rent when due or that he had violated the lease by permitting the premises to be…