Legal Opinion

Durband v. Noble

Supreme Court of Iowa

Decided March 7, 1918PublishedCited by 5 opinions

Appeal from Plymouth District Court. — Wm. Hutchinson, Judge. Appellant seeks an injunction to restrain the appellees from moving certain buildings which appellee James H. Noble placed upon the land of appellant’s ward, while a tenant. This relief was denied, and the petition of appel: lant dismissed, and he appeals.

1Opinion of the CourtSalinger, J.

I. J. H. Noble became the tenant of appellant’s ward by written lease which is silent on the removal of the buildings put upon the land by the tenant, unless the matter is dealt with because of a provision that the premises shall be surrendered at the termination of the lease in as good condition as when received. Appellant urges that the silence of the lease, and said provision therein as to condition on surrender, operate to prohibit removal by the tenant. He claims, in addition, that it was agreed, in consideration of the reducing the rental below its actual value, that the buildings…

2Cases cited3 opinions

  1. Brown v. BridgesSupreme Court of Iowa · 1870
  2. Daly v. SimonsonSupreme Court of Iowa · 1905
  3. Western Silo Co. v. GogertySupreme Court of Iowa · 1919

3Cited by5 opinions

  1. Ford v. VenardSupreme Court of Iowa · 1983
  2. Leslie Pontiac, Inc. v. NovakSupreme Court of Iowa · 1972
  3. Midwest Fuel & Timber Co. v. WestCourt of Appeals for the Tenth Circuit · 1939
  4. Paddock, LLC v. Bennett (In Re Bennett)Court of Appeals for the Eighth Circuit · 2019
  5. Paddock, LLC v. Bennett (In Re Bennett)Court of Appeals for the Eighth Circuit · 2019

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