Legal Opinion

Wright v. E. M. Dickey Co.

Supreme Court of Iowa

Decided October 16, 1891PublishedCited by 13 opinions

Appeal from Lyon District Court. — Hon. G. W. Wakefield, Judge. The plaintiff brought this action March 8, 1889, to recover of the defendant the value of two hundred bushels of wheat upon which the plaintiff claimed to have a landlord’s lien, and which he alleges was wrongfully converted by the defendant to its own use, and that it refused to return or pay for the same, wherefore he asks judgment.

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Appeal from Lyon District Court. — Hon. G. W. Wakefield, Judge. The plaintiff brought this action March 8, 1889, to recover of the defendant the value of two hundred bushels of wheat upon which the plaintiff claimed to have a landlord’s lien, and which he alleges was wrongfully converted by the defendant to its own use, and that it refused to return or pay for the same, wherefore he asks judgment. The defendant denies that it converted the wheat-as alleged; denies that the plaintiff had a landlord’s lien thereon; and alleges, that, if he ever had, the same had expired, and that he had waived…

1Opinion of the CourtGiven, J.

I. The following facts appear without-question: In the winter of 1887-88 the plaintiff agreed verbally with one S. H. Irwin to lease to” him a certain seventy acres of land described, and afterwards, on *466March. 24, 1888, the lease was made in writing. The lease is of the seventy acres, “with all the improvements thereon, and all the privileges and appurtenances thereto belonging, for the season of 1888, for the sum of one hundred and forty dollars, payable as follows: On or before November 1, 1888.” There is a further provision “that the said S. H. Irwin will keep in good repair, and do all…

2Cited by13 opinions

  1. Helwig v. FogelsongSupreme Court of Iowa · 1914
  2. Browning v. KannowSupreme Court of Iowa · 1926
  3. Blake v. CounselmanSupreme Court of Iowa · 1895
  4. Gilman Linseed Oil Co. v. NortonSupreme Court of Iowa · 1893
  5. Randall v. DitchSupreme Court of Iowa · 1904

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