McLott ex rel. Marvin v. Savery
Supreme Court of Iowa
Appeal from Polk District Court. The defendant Safford Savery, leased of McLott, Corbin & White, certain premises in the city of Des Moines, for a term of years.
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Appeal from Polk District Court. The defendant Safford Savery, leased of McLott, Corbin & White, certain premises in the city of Des Moines, for a term of years. A written lease was entered into, in which, for the use of said premises, the defendant Safford Savery, agreed to pay the said lessors an annual rent, payable quarterly ; and the defendant James . C. Savery joined in the execution of said lease and guaranteed upon his part, that the payments of rent should faithfully be made as they became due. The title to said real estate after said lease was executed and in force was transferred…
1Opinion of the CourtBaldwin, J.
The errors assigned which we think proper to consider, relate to the ruling of the court upon defendant’s demurrer.
■ It is first claimed that there was no copy of the deed from White & Smith to Marvin attached to and madé part of plaintiff’s petition. The plaintiff’s cause of action is based upon the written lease, a copy of which is attached to the plaintiffs petition. It is not the evidence in the case that the plaintiff is to attach to his petition, but a copy of the instrument or account upon which he sues. The plaintiff must give to defendant notice of his cause of action, and not the…
2Cases cited2 opinions
- Farwell v. TylerSupreme Court of Iowa · 1858
- Lœber v. Delahaye & Co.Supreme Court of Iowa · 1859
3Cited by3 opinions
- Bowen v. ClarkeOregon Supreme Court · 1894
- Preston v. HuntingtonMichigan Supreme Court · 1887
- Shore v. LawrenceWest Virginia Supreme Court · 1910