Mays v. Middle Iowa Realty Corp.

The opinion of the court was delivered by

Hatcher, C.:

This was an action initiated under the declaratory judgment act for the purpose of obtaining judicial construction of a written lease and a determination of the rights of the parties thereunder.

Summary judgment was rendered in favor of the defendants and plaintiff has appealed.

The controversy presented is whether, under the terms of the lease, the plaintiff, the lessor, was obligated to sign a mortgage subjecting her fee interest to the payment of a loan to the lessee without being provided with the actual cost of improvements made by the…