Wheeler v. Baker
Supreme Court of Iowa
Appeal from Winneshiek Oircv/it Cov/rt. • The plaintiff claims of tbe defendant the rent of certain premises for the months of July and August, 1880, at the rate of $20 per month, under a written lease, executed October 1st, 1878. The defendant for answer alleges that after the mating of the written contract sued upon, he and plaintiff entered into another and different verbal contract, fixing the monthly rent of said premises at $16-| per month, that defendant and plaintiff…
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Appeal from Winneshiek Oircv/it Cov/rt. • The plaintiff claims of tbe defendant the rent of certain premises for the months of July and August, 1880, at the rate of $20 per month, under a written lease, executed October 1st, 1878. The defendant for answer alleges that after the mating of the written contract sued upon, he and plaintiff entered into another and different verbal contract, fixing the monthly rent of said premises at $16-| per month, that defendant and plaintiff have acted upon and treated. said verbal contract as their contract, and defendant has paid the sum of $16§ per month,…
1Opinion of the CourtDay, J.
The amount in controversy being less than one hundred dollars the court certified the questions upon which our opinion is desired, as follows:
“1st. Under the issue was the following evidence adduced by defendant such as entitled him to have it passed upon by the jury?
“ 2d. Was it evidence of an alteration of the terms of the lease?
“ 3d. Had the judge the lawful right to take the cause from the jury, strike out the evidence, and give the plaintiff judgment at the rate of $20 per month?
“ 4th. Was that evidence competent and proper to be submitted to the jury?
“ 5th. Was the tender shown by the…
2Cited by7 opinions
- Geo. W. Robinson & Co. v. Hyer Bros.Supreme Court of Florida · 1895
- Cook v. CaveSupreme Court of Arkansas · 1924
- Raymond v. KrauskopfSupreme Court of Iowa · 1893
- Tischler v. Kurtz Bros.Supreme Court of Florida · 1895
- Heggen v. Clover Leaf Coal & Mining Co.Supreme Court of Iowa · 1934
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