McIntosh v. Lee
Supreme Court of Iowa
Appeal from Winneshiek Circuit Court. The petition of plaintiff alleges that on the 10th day of March, 1878, the defendant, Arent Thompson Lee, entered into a written lease for certain premises from plaintiff for the term of three years, commencing on the 1st day of March, 1879, and agreed to pay one-half of grains raised thereon; that when the term commenced there was about 90 acres of plowed land on the premises, and defendant, by the terms of the lease, in part…
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Appeal from Winneshiek Circuit Court. The petition of plaintiff alleges that on the 10th day of March, 1878, the defendant, Arent Thompson Lee, entered into a written lease for certain premises from plaintiff for the term of three years, commencing on the 1st day of March, 1879, and agreed to pay one-half of grains raised thereon; that when the term commenced there was about 90 acres of plowed land on the premises, and defendant, by the terms of the lease, in part consideration for the use of the premises, agreed to plow the ground, plowed as aforesaid, each fall, and have the plowing done at…
1Opinion of the CourtDay, J.
i. riEADMs: juáio&íno I. The plaintiff testified that the lease was not executed on Sunday, and that after the delivery of the lease the defendant entered upon possession of the premises, and cultivated them one year. No other evidence was introduced. To the testimony that *358tlie lease was not executed on Sunday the defendant objected as incompetent, for the reason that no issue of that kind is presented in the pleadings, and the evidence tends to vary the terms of a written contract. The court made no ruling upon the objection, but, upon the submission of the cause, rendered judgment for the…
2Cases cited2 opinions
- Watson v. Van MeterSupreme Court of Iowa · 1876
- Mann v. HoweSupreme Court of Iowa · 1859
3Cited by14 opinions
- Bradtfeldt v. CookeOregon Supreme Court · 1895
- Wilson v. VanLeerSupreme Court of Pennsylvania · 1889
- Johnson v. CookWashington Supreme Court · 1901
- Tate v. GainesSupreme Court of Oklahoma · 1909
- Bristow v. CarrigerSupreme Court of Oklahoma · 1909
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