Mingus v. Daugherty
Supreme Court of Iowa
Appeal from Folk District Court. — Hon. Marcus Kayanagh, Judge. This action is upon a written lease signed by the plaintiff and the defendants, whereby the plaintiff leased to the defendants certain lots for use as a brickyard for three years ending January 1, 1887. By the lease, defendants were to pay as rent sixty thousand No. 1 bricks, delivered September 1, 1886, and, on failure to pay in bricks at the time, “then they agreed to pay in cash one hundred and twenty…
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Appeal from Folk District Court. — Hon. Marcus Kayanagh, Judge. This action is upon a written lease signed by the plaintiff and the defendants, whereby the plaintiff leased to the defendants certain lots for use as a brickyard for three years ending January 1, 1887. By the lease, defendants were to pay as rent sixty thousand No. 1 bricks, delivered September 1, 1886, and, on failure to pay in bricks at the time, “then they agreed to pay in cash one hundred and twenty dollars, with interest from the first day of each year at ten per cent, per annum.” The plaintiff alleges a failure to deliver…
1Opinion of the CourtGtyen, J.
i. stjketies on oifaiv?eRy négdiectdto enforce lien. I. The court gave an instruction as follows: “The defendant Daugherty, in this case, is liable for the amount claimed. It appears from the uncontradicted testimony that the plaintiff in this case, had a landlord’s , lien upon said premises and property thereon; that he failed and refused to pursue this lien, as against the property of the defendant Daugherty. If the said plaintiff knew that the said Mills and Ross were simply sureties upon said contract of lease at the time said contract was made, up to the time said *58sixty thousand brick…
2Cases cited7 opinions
- Schroeppell v. . ShawNew York Court of Appeals · 1850
- Burr v. BoyerNebraska Supreme Court · 1873
- Benedict v. OlsonSupreme Court of Minnesota · 1887
- Gilbert, Hedge & Co. v. Greenbaum, Schroder & Co.Supreme Court of Iowa · 1881
- First National Bank v. HomesleySupreme Court of North Carolina · 1888
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3Cited by7 opinions
- Fidelity Savings Bank v. Wormhoudt Lumber CompanySupreme Court of Iowa · 1960
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- First Nat. Bank of Cumberland v. ParsonsWest Virginia Supreme Court · 1898
- Langeveld v. LRZH CORP.New Jersey Superior Court Appellate Division · 1974
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