Woodbury Co. v. William Tackaberry Co.
Supreme Court of Iowa
Appeal from Woodbury District Court. — Hon. F. R. Gaynor, judge. Action for rent. By way of counterclaim, defendant prayed for damages in removing water and débris from the basement of the leased building, and a diminution of rent because of its partial destruction thereby. These were allowed, and plaintiff appeals.
1Opinion of the CourtLadd, C. J.
The plaintiff leased to defendant its four-story building and basement for a term of five years and four months beginning April 1, 1909, and the latter took possession under the lease. As the monthly rental of $425 for July, 1909, was not paid, this action therefor was commenced. There was an unprecedented flood on Saturday, July 10, 1909, and according to the stipulation of facts during the night following—
the basement of the leased premises became filled with water, mud, and débris, which came in from the street through the cellar windows of the building, the volume of water due to the…
2Cases cited23 opinions
- J. B. White & Co. v. MontgomerySupreme Court of Georgia · 1877
- Thompson v. ClemensCourt of Appeals of Maryland · 1903
- Lewis & Co. v. ChisholmSupreme Court of Georgia · 1881
- Sieber v. BlancCalifornia Supreme Court · 1888
- Wattles v. South Omaha Ice & Coal Co.Nebraska Supreme Court · 1897
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3Cited by10 opinions
- Mease Ex Rel. Oliver v. FoxSupreme Court of Iowa · 1972
- Max Stool v. J. C. Penney Company, Inc.Court of Appeals for the Fifth Circuit · 1968
- Rector v. AlcornSupreme Court of Iowa · 1976
- Rittenberg v. Donohoe Const. Co., Inc.District of Columbia Court of Appeals · 1981
- Ingalls v. Roger Smith Hotels CorporationSupreme Court of Connecticut · 1955
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