Benakis v. Damas
Supreme Court of Iowa
Appeal from Des Moines Municipal Couri. — Tuos. L. Sellers; Judge. Action of forcible entry and detainer, pursuant to tbe forfeiture of a lease because of the failure of defendant to pay the rent. The case was tried to the court without a jury. The court made a finding of facts, and entered judgment' for the plaintiff. The defendant appeals. —
1Opinion of the CourtEvans, J.
— The parties hereto were parties to a lease, wherein the plaintiff was lessor and the defendant was lessee. The rental provided therein was $45 per month, to be paid promptly in advance upon the first day of each month. The monthly rent was due on June 1, 1921. A three days’ notice to quit was served on June 7th. The rent was tendered on June 8th, and refused. The principal contention urged in argument by the appellant is .that the plaintiff had no right to institute proceedings forfeiting the lease, either by a three days’ notice or otherwise, until he had first made a demand for the rent.…
2Cited by3 opinions
- Cassiday v. AdamsonSupreme Court of Iowa · 1929
- Potter v. Henry Field Seed Co.Supreme Court of Iowa · 1948
- Verlinden v. ReviaSupreme Court of Iowa · 1947