Emerick v. Clemens
Supreme Court of Iowa
Appeal from, Yarn, Bv/ren District Court. Action commended before a justice of the peace by a landlord against his tenant, upon an account for work and labor, grain and use of tools, etc.
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Appeal from, Yarn, Bv/ren District Court. Action commended before a justice of the peace by a landlord against his tenant, upon an account for work and labor, grain and use of tools, etc. Answer in denial; defendant also claimed a set-off for work and labor and for use of horses, etc., and also set up a claim for the failure of plaintiff to perform covenants of lease, to repair house, dig a well, etc., and annexed a copy of lease to the answer; the answer averred, “ that there is due and owing ■ to defendant over and above all just offsets or credits to which plaintiff may be entitled, the…
1Opinion of the CourtCole, J.
1. Contract: construction. — The main question in this case arises upon the consti’uction of the following lease, and the supplemental agreement indorsed thereon : “ This agreement witnesses that William Emerick, in consideration of the covenants of Samuel O. Clemens, herein mentioned, doth hereby demise, grant and let, to said Samuel O. Clemens, from the first day of March, 1867, the following described premises, to wit: south-West quarter of section thirty-five, township sixty-nine, range eleven west, all of the land south of the house that H. Petit now lives in, and west to the meadow, all…
2Cited by5 opinions
- Merica v. BurgetIndiana Court of Appeals · 1905
- Heiple v. ReinhartSupreme Court of Iowa · 1897
- McArthur v. BoardSupreme Court of Iowa · 1903
- Hubbard v. MarshSupreme Court of Iowa · 1950
- Hubbard v. MarshSupreme Court of Iowa · 1950