Whiting v. Eichelberger
Supreme Court of Iowa
Appeal from Henry District Court. W. P. Brazleton owned the “ Brazleton House,” and furniture therein, and on the 12th of October, 1857, made with the defendant, Eichelberger, an agreement or contract, the material parts of which are as follows: “ Said Brazleton, in consideration of -the covenants of said Eichelberger herein, doth hereby let and lease unto the said--the premises known as, &c., with all the privileges, &c., for the term of five years.” * * * “And the said…
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Appeal from Henry District Court. W. P. Brazleton owned the “ Brazleton House,” and furniture therein, and on the 12th of October, 1857, made with the defendant, Eichelberger, an agreement or contract, the material parts of which are as follows: “ Said Brazleton, in consideration of -the covenants of said Eichelberger herein, doth hereby let and lease unto the said--the premises known as, &c., with all the privileges, &c., for the term of five years.” * * * “And the said lessor hereby sells to the said lessee all the furniture, beds, bedding, &c., pertaining to said tavern, the price and…
1Opinion of the Court
Wright, Ch. J.
In the foregoing very full and lengthy statement, we have the substantial facts out of which this controversy arises. It will be seen that the case is inti*427mately connected with the one immediately preceding. Like that, it is voluminous in its record and facts, and yet presents no question of much doubt or difficulty.
I. It is claimed that the contract between Eichelberger and Brazleton, of October 12, 1857, and assigned to plaintiff, was not intended to give, and did not have the effect of giving a lien on the sold furniture for the payment of the purchase-money and rents. It is…
2Cited by22 opinions
- Barth v. ElyMontana Supreme Court · 1929
- Merrill v. ResslerSupreme Court of Minnesota · 1887
- First National Bank v. HollinsworthSupreme Court of Iowa · 1889
- Crews v. HarlanTexas Supreme Court · 1905
- Cain v. VogtSupreme Court of Iowa · 1908
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