Trustees of the Hubbell Estate v. Davison
Supreme Court of Iowa
Appeal from Polio District Court.- — Gitas. A. Dudley, Judge. This is an action for rent, aided by landlord’s attachment. The property involved is a lot of fixtures, furniture, and cooking utensils, sold by intervenor to the defendant for. use in a restaurant.
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Appeal from Polio District Court.- — Gitas. A. Dudley, Judge. This is an action for rent, aided by landlord’s attachment. The property involved is a lot of fixtures, furniture, and cooking utensils, sold by intervenor to the defendant for. use in a restaurant. The property was purchased and taken on the leased premises (which were occupied by defendant under a written lease with plaintiff) after the execution of the lease, and after possession had been taken of the premises by the defendant. It is the claim of intervenor that the attached property was sold under an arrangement whereby title…
1Opinion of the CourtStevens, J.
1. Landlord and tenant: lien: conditional sales: priority. I. The written lease of the building in which the property in controversy was used, is dated October 23, 1915; and the conditional sale contract between defendant and intervenor bears date April 5, 1916. it appears from the evidence that an oral arrangement was first made between intervenor and defendant in February, for the sale of the property. Intervenor not having all of the merchandise in stock, a portion only was then delivered; but delivery was made in installments until completed. Shortly after the goods had all been…
2Cases cited1 opinion
- Snyder v. CollinsSupreme Court of Iowa · 1917
3Cited by1 opinion
- Miller v. Swartzlender & HolmanSupreme Court of Iowa · 1921