Bentley v. Taylor
Supreme Court of Iowa
Appeal from Black Hawk District Qourt. — Hon. C. F. Couch, Judge. Actioh to recover damages for an alleged breach, of the covenant of a lease. A demurrer to the petition was sustained, and plaintiff appeals. Upon the former submission, the judgment of the district court was affirmed. A rehearing having been granted, the case was resubmitted.
1Opinion of the Court
ON REHEARING.
Given, J.
2. landlord iease?fater-pretation. I. The questions discussed are whether the lease, which is made a part of the petition, contains arL express covenant that the demised premises should be fit and suitable for the purposes for which they were to be used ; and, if not, whether under the law such a covenant can be implied. The lease covers “the lower storeroom and cellar,” also the “warehouse in rear of building.” It was executed when the building was in course of construction, and is for the term of three years, “commencing on the tenth day of August, 1882, or as soon…
2Cited by3 opinions
- Piper v. FletcherSupreme Court of Iowa · 1901
- Home Ins. Co. of New York v. KirkevoldCourt of Appeals for the Ninth Circuit · 1947
- Woolford v. Electric Appliances, Inc.California Court of Appeal · 1938