Petersen v. Strawn
Supreme Court of Iowa
Appeal from Woodbury District Cmort. — C. C. Hamilton, Judge. The defendant is the tenant of plaintiff. Plaintiff sued on one of three rent notes of $437.50, upon which it was alleged that there was $284, with interest, due. The notes Avere given in connection with a Avritten lease on the land. Plaintiff attaches a copy of the note and the, lease. A landlord’s attachment was asked, and the property attached.
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Appeal from Woodbury District Cmort. — C. C. Hamilton, Judge. The defendant is the tenant of plaintiff. Plaintiff sued on one of three rent notes of $437.50, upon which it was alleged that there was $284, with interest, due. The notes Avere given in connection with a Avritten lease on the land. Plaintiff attaches a copy of the note and the, lease. A landlord’s attachment was asked, and the property attached. Plaintiff also sued for damages to trees and shrubbery, and for failure on the part of defendant to properly farm the crops. A clause in the lease as to the amount of rent to be paid…
1Per curiam
Appellant cites Cavanagh v. Iowa Beer Co., 136 Iowa 236, to support his contention that the provision of the lease was not a condition precedent. Appellee cites Fink v. Chambers, 95 Mich. 508, Montgomery v. Hunt, 93 Ga. 438, Hickman v. Rayl, 55 Ind. 551, and Todd v. State Bank, 182 Iowa 276 (3 A. L. R. 971), to sustain his contrary contention that the clause is a condition precedent. We deem it unnecessary to discuss that question, except to say that, in view pf what was done, it should have been considered and should now be considered as an abatement, rather than in bar, in so far as it…
2Cases cited5 opinions
- Todd v. State BankSupreme Court of Iowa · 1917
- Montgomery v. HuntSupreme Court of Georgia · 1894
- Cavanagh v. Iowa Beer Co.Supreme Court of Iowa · 1907
- Hickman v. RaylIndiana Supreme Court · 1877
- Fink v. ChambersMichigan Supreme Court · 1893
3Cited by2 opinions
- State v. OlsonSupreme Court of Iowa · 1966
- Matthews v. QuaintanceSupreme Court of Iowa · 1925