Legal Opinion

Harris v. Heackman

Supreme Court of Iowa

Decided December 11, 1883PublishedCited by 13 opinions

Appeal from the Superior Court of Covmeil Bluffs. The plaintiff claims that in May, 1877, he entered into a written contract with defendant, by which he leased to defendant part of a lot in Council Bluffs, for the period of five years, and that defendant by said contract agreed to pay as rent twelve dollars per 'month, monthly in advance, and that there is due to plaintiff the sum of two hundred and forty dollars on said lease.

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Appeal from the Superior Court of Covmeil Bluffs. The plaintiff claims that in May, 1877, he entered into a written contract with defendant, by which he leased to defendant part of a lot in Council Bluffs, for the period of five years, and that defendant by said contract agreed to pay as rent twelve dollars per 'month, monthly in advance, and that there is due to plaintiff the sum of two hundred and forty dollars on said lease. The defendant admited that he did “ enter upon the said ground under a contract with plaintiff for the monthly ground rent of twelve dollars per month in advance, and…

1Opinion of the CourtRothrock, J.

I. The plaintiff claimed that the original written lease was lost, and he introduced secondary evidence t. practice in vSupreme court: ünci-mg of court verdict1'of1 as iury-of its contents. It is claimed by appellant' that . x ■> the evidence 'thus introduced was insufficient to sh°w that there was a written lease. We think otherwise. This is a law action, and the finding of the court is to be regarded the same as the verdict of a jury, which is not to be interfered with where the evidence is conflicting. There was abundant evidence on this point to sustain the finding.

*413II. Tbe lease was for…

2Cases cited2 opinions

  1. David v. RyanSupreme Court of Iowa · 1878
  2. Fanning v. StimsonSupreme Court of Iowa · 1862

3Cited by13 opinions

  1. Grommes v. St. Paul Trust Co.Illinois Supreme Court · 1893
  2. Heller v. DaileyIndiana Court of Appeals · 1902
  3. Jordan v. Indianapolis Water Co.Indiana Supreme Court · 1902
  4. Carrano v. ShoorSupreme Court of Connecticut · 1934
  5. Jones v. BarnesMissouri Court of Appeals · 1891

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