Olsen v. Peregoy & Moore Co.
Supreme Court of Iowa
Appeal from Polk District Court. — O. A. Dudley, Judge, Suit to enjoin defendants from repudiating an alleged lease. The essential defense is that the alleged lease was made by one who was not authorized by defendants to make it; that it is, at all events, one for more than one year, and ■ has not been signed by the party to be charged. Injunction issued as prayed, and defendants appeal.
1Opinion of the Court
Salinger, J.-
I. The plaintiff is not seeking damages suffered because the wrong of the defendant gives plaintiff an unenforcible lease. The vital position taken in his petition is that, because of certain things which he claims estop the defendant from urging the Statute of Frauds, plaintiff has a valid and enforcible lease; and, among other things, he asks that he be given a landlord’s lien. We have held that part performance will not take an oral lease for more than one year out of the Statute of Frauds. If estoppels shall be given the effect which plaintiff seeks for them, *890it will often be…
2Cases cited8 opinions
- Halligan v. FreySupreme Court of Iowa · 1913
- Thorp v. BradleySupreme Court of Iowa · 1888
- Merchant v. O'RourkeSupreme Court of Iowa · 1900
- Byerlee v. MendelSupreme Court of Iowa · 1874
- Marks v. McGookinSupreme Court of Iowa · 1905
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3Cited by6 opinions
- Dangerfield v. MarkelNorth Dakota Supreme Court · 1974
- Deitrick v. SinnottSupreme Court of Iowa · 1920
- Hagedorn v. HagedornSupreme Court of Iowa · 1922
- Quaker Oats Co. v. KidmanSupreme Court of Iowa · 1920
- McCutchan v. Iowa State Bank of Fort MadisonSupreme Court of Iowa · 1942
1 more not listed; retrieve them via the Exa API.