Cole v. Johnson
Supreme Court of Iowa
Appeal from Hancock District Court. — Hon. J. E. Clyde,. Judge. Omitting matters not material to the questions argue'd in this court, this'case may be stated as follows: Plaintiff, by a written instrument, leased a farm of two hundred acres in Winnebago county, Iowa, to the defendant, for a term of three years beginning March 1, 1899. By the terms of the contract the lessee undertook to pay grain rent for the cultivated lands, cash rent of $1.50 per acre for the hay and…
Read the full summary
Appeal from Hancock District Court. — Hon. J. E. Clyde,. Judge. Omitting matters not material to the questions argue'd in this court, this'case may be stated as follows: Plaintiff, by a written instrument, leased a farm of two hundred acres in Winnebago county, Iowa, to the defendant, for a term of three years beginning March 1, 1899. By the terms of the contract the lessee undertook to pay grain rent for the cultivated lands, cash rent of $1.50 per acre for the hay and pasture lands, and work out the highway taxes. The lease also contains a provision as follows: “A failure to pay the rent as…
1Opinion of the CourtWeavee, J.
It is true that under the terms of the lease a failure of the tenant to pay any installment of rent when due “authorized the lessor to consider the lease forfeited”; in other words, he had the election to waive strict performance, and permit the tenant to go on to the end of the term, or to insist upon strict performance, and take proper steps to make the forfeiture effective. It is the claim of plaintiff that he elected to pursue the latter course, and it is conceded, as we have seen, that, soon after the date when the rent for the hay and pasture land became due, he served notice upon…
2Cases cited2 opinions
- Lent v. PadelfordMassachusetts Supreme Judicial Court · 1813
- Metcalfe v. BrandCourt of Appeals of Kentucky · 1887
3Cited by9 opinions
- Elizabethtown Lodge No. 596 v. EllisSupreme Court of Pennsylvania · 1958
- Farmer v. PittsNebraska Supreme Court · 1922
- Goodman Investment, Inc. v. Swanston Equipment Co.North Dakota Supreme Court · 1980
- Moran v. LavellSupreme Court of Rhode Island · 1911
- Village Development Co., Ltd. v. HubbardSupreme Court of Iowa · 1974
4 more not listed; retrieve them via the Exa API.