Taylor v. French Lumbering Co.
Supreme Court of Iowa
Appeal from Allamakee Disi/rieb Court. Action at law to recover rent due on a lease of a saw mill * situated in Obippewa county, Wisconsin. The cause, was sent to a referee who- reported the sum of §1121.31 due the plaintiff for rent. Judgment was entered 'upon the report, from which defendant appeals. The faets of the case involved in the questions decided are set out in the opinion.
1Opinion of the CourtBeck, J.
I. The. lease, which is the foundation of this suit, is for a saw mill of which plaintiff owned an undivided interest of two-thirds; this interest he leased to defendants- for the season of 1873. He covenants in the lease 'Ho pay the two-thirds of the amount of the costs actually and necessarily expended, and which is required to be so laid out and expended, in and about fitting up and repairing said mill so as to put the same in good condition and repair for tbe season’s sawing.”
The defendant bound itself to put tbe mill in good running order and repair for sawing at its own expense, except…
2Cited by1 opinion
- Lyons v. HarrisSupreme Court of Iowa · 1887