Martin v. Stearns
Supreme Court of Iowa
Appeal from Gass District Cov/rt. Action for an injunction to restrain the defendants from selling a stock of goods. The plaintiff claims to have a landlord’s lien upon the goods. In October, 1877, the jfiaintiff leased a store-room to the defendant Stearns, for tho period of two years, at a monthly rental of '$55, payable monthly in advance.
Read the full summary
Appeal from Gass District Cov/rt. Action for an injunction to restrain the defendants from selling a stock of goods. The plaintiff claims to have a landlord’s lien upon the goods. In October, 1877, the jfiaintiff leased a store-room to the defendant Stearns, for tho period of two years, at a monthly rental of '$55, payable monthly in advance. Stearns placed a stock of goods in the store-room, and proceeded to sell the same at retail, in the ordinary method of such trade, until February, 1778. Prior to that time he had purchased goods of the defendants Smith & Crittenden, and to secure them…
1Opinion of the Court
Rothrock, J., ?enase-esnríenderoi. I. A surrender, as the term is used in tlie law of landlord and tenant, is the yielding up of tlie estate to tlie landlord so tliat the lease-hold interest becomes extinct ky mutual agreement between the parties, Beall v. White, 4 Otto, 382 (389). The lease being terminated by agreement the lessee is of course discharged', except for rent already accrued. To constitute such- agreement it is not necessary that express words should be used to that effect. It is sufficient if the reasonable inference from the acts of the parties, and the circumstances under…
2Cases cited1 opinion
- Hill v. RobinsonMichigan Supreme Court · 1871
3Cited by17 opinions
- Evans v. McKannaSupreme Court of Iowa · 1893
- Brown v. CairnsSupreme Court of Iowa · 1898
- Brown v. HayesWashington Supreme Court · 1916
- Keeley v. BeenblossomSupreme Court of Iowa · 1918
- Hickman v. BreadfordSupreme Court of Iowa · 1917
12 more not listed; retrieve them via the Exa API.