Legal Opinion

Winne v. Kelley

Supreme Court of Iowa

Decided July 25, 1872PublishedCited by 14 opinions

Appeal from Floyd Gi/rcuit Cov/rt. Action to recover damages for the failure of defendant to perform his covenants contained in a lease of a grist mill, made by the defendant to the plaintiff. There was a demurrer by defendant to certain ■ counts of the petition, which was sustained. The plaintiff appeals.

1Opinion of the CourtCole, J.

The plaintiff by his petition, in the second count, alleged that, on the 2d day of April, 1867, defendant leased to him a certain grist mill on Cedar river, in the village of St. Charles, for the term of four years, at the rent of twenty-five hundred dollars per year, payable quarterly ; that he took possession of, occupied and paid the rent for and during all said term; that the defendant agreed in said lease to repair the dam as soon, and make it as tight, as possible, and to keep it in good repair during said term, so as to furnish the usual flow of water through the flume of said mill;…

2Cited by14 opinions

  1. Howard v. Stillwell & Bierce Manufacturing Co.Supreme Court of the United States · 1891
  2. Mease Ex Rel. Oliver v. FoxSupreme Court of Iowa · 1972
  3. John Hutchinson Manufacturing Co. v. PinchMichigan Supreme Court · 1892
  4. Grennan v. Murray-Miller Co.Massachusetts Supreme Judicial Court · 1923
  5. Hurxthal v. St. Lawerence Boom & Mfg. Co.West Virginia Supreme Court · 1909

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