Marks v. Chapman
Supreme Court of Iowa
Appeal from Palo'Alto District Court.— TIon. W. B. Quarton, Judge. Action by plaintiff, as assignee of a lease of certain premises by her husband, Theodore Marks, to defendant Chapman, • by whom it is alleged the' lease was transferred to defendants A. B. Chapin and M. B. Chapin, to recover rent and damages, and to enforce a landlord’s lien therefor.
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Appeal from Palo'Alto District Court.— TIon. W. B. Quarton, Judge. Action by plaintiff, as assignee of a lease of certain premises by her husband, Theodore Marks, to defendant Chapman, • by whom it is alleged the' lease was transferred to defendants A. B. Chapin and M. B. Chapin, to recover rent and damages, and to enforce a landlord’s lien therefor. There were counterclaims by the defendants against the plaintiff for damages on account of breach of the covenants of the lease, and there was a cross-petition by defendants Chapin against defendant Chapman. By the decree, the cross-petition and…
1Opinion of the CourtMcClain, J.
The lease was executed April 18, 19.03, for a term of two years, at a monthly rental of $35; the premises to be used by lessee for laundry purposes. Under the lease rent was paid until September, 1904, when the Chapins, who had in the meantime purchased the laundry • business and machinery from Chapman, removed to another building and refused to pay rent for the balance of the term. Plaintiff, as assignee of the lease,, sues for the balance of the rent, and for damages for breach of covenant on the part of lessee to surrender the premises in as good condition as reasonable use thereof will…
2Cases cited3 opinions
- Piper v. FletcherSupreme Court of Iowa · 1901
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- Arkansas Fuel Oil Co. v. ConnelleeCourt of Appeals of Texas · 1931
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