Nolan v. Foley
Supreme Court of Iowa
Appeal from, Polk District Court. — Hon. James A. Hows,. Judge. Suit -to recover the possession of certain real estate, for an accounting of money had and received by defendant as payments upon a contract for the purchase of real estate, and for rents and profits of the land during 'the time defendant was in the possession thereof. Decree dismissing plaintiff’s petition, and she appeals.* —
1Opinion of the Court
Deemer, J. —
On February 11, 1902, defendant, as *672party of the first part, and plaintiff, as the second party, made and entered into a written contract, whereby defendant agreed to lease to plaintiff the real estate in controversy for the sum of $1,050, payable $100 in cash and the sum of $10 per month thereafter until the whole with interest was fully paid. Plaintiff was also to pay all taxes and assessments against the land, and to keep the property insured for the sum of $500. The written contract also' contained these provisions :
And it is expressly agreed by and between the parties hereto…
2Cases cited1 opinion
- Gilbert v. MosierSupreme Court of Iowa · 1861
3Cited by2 opinions
- Condit v. JohnsonSupreme Court of Iowa · 1913
- Lutz v. CunninghamSupreme Court of Iowa · 1949