McCullough Realty Co. v. Laemmle Film Service
Supreme Court of Iowa
Ajipeal from Scott District Court. — A. J. House, Judge. Action at law to recover rent alleged to be due plaintiff for property situated in tbe city of Davenport, Iowa, by virtue of a written lease. There was a trial to a jury. The execution of the lease was admitted, and defendant assumed the burden of proof and offered its testimony. Plaintiff moved for a directed verdict, which motion was overruled.
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Ajipeal from Scott District Court. — A. J. House, Judge. Action at law to recover rent alleged to be due plaintiff for property situated in tbe city of Davenport, Iowa, by virtue of a written lease. There was a trial to a jury. The execution of the lease was admitted, and defendant assumed the burden of proof and offered its testimony. Plaintiff moved for a directed verdict, which motion was overruled. Plaintiff offered no testimony, and thereupon defendant moved for a directed verdict in its favor, and the motion was sustained. The plaintiff appeals.
1Opinion of the CourtPreston, J.
1. Landlokd AND TENANT: rent: change in law ren- . dering business unlawful: effect. The facts are not in dispute, though plaintiff claims the case should have gone to the jury as to one proposition, if its theory of the case be adopted. The action is upon a written lease, one provision of which is:
“Said premises are leased for Film Exchange and film and theater supplies purposes only, and are not to be used for any unlawful or offensive purposes whatever.”
The lease further provides that the lessee should not assign or sublet the premises, or any part thereof, without the written consent of…
2Cases cited12 opinions
- Easterbrook v. Hebrew Ladies Orphan SocietySupreme Court of Connecticut · 1912
- Chamberlain v. BrownSupreme Court of Iowa · 1909
- Hawkins v. Great Western R. R.Michigan Supreme Court · 1868
- Mahaffy v. MahaffySupreme Court of Iowa · 1884
- Kerley v. MayerNew York Court of Common Pleas · 1895
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3Cited by4 opinions
- Colonial Operating Corp. v. Hannan Sales & Service, Inc.City of New York Municipal Court · 1942
- Conklin v. SilverSupreme Court of Iowa · 1919
- Levy v. HuntAppellate Court of Illinois · 1922
- Water Development Co. v. LankfordSupreme Court of Iowa · 1993