Clinton v. Shugart
Supreme Court of Iowa
Appeal from Pottawattamie District Court.— Hour. N. W. Macy, Judge. The appellant, who is a resident of Minnesota, being the owner of certain property in the city of Council Bluffs, Iowa, leased the same to the app'ellees under date of August 10, 1899, for a period expiring January 1, 1903, at a rental of $600 per annum.
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Appeal from Pottawattamie District Court.— Hour. N. W. Macy, Judge. The appellant, who is a resident of Minnesota, being the owner of certain property in the city of Council Bluffs, Iowa, leased the same to the app'ellees under date of August 10, 1899, for a period expiring January 1, 1903, at a rental of $600 per annum. On July 3, 1901, the parties entered into a written agreement for the sale and purchase of the property for the sum of $500 in hand paid, and the further sum of $6,500, payable on or before January 2, 1903, without interest; appellees to continue to pay rent under the lease…
1Opinion of the Court
Weaves, J.—
When the statement of facts is comprehended, it will be apparent that the principal question presented for decision is a narrow one — on which party did the duty rest to pay the taxes accruing upon the property after the making of the contract and before the conveyance was due? That part of the contract upon the construction of which this inquiry principally turns is in the following words; appellant being referred to therein as “ party of the first part ” and the appellees as “ parties of the second part ”:
And'the said second party, in consideration of therpre-mises, hereby agrees…
2Cases cited19 opinions
- Cathcart v. RobinsonSupreme Court of the United States · 1831
- Beal v. ChaseMichigan Supreme Court · 1875
- Winne v. ReynoldsNew York Court of Chancery · 1837
- Miller v. CoreySupreme Court of Iowa · 1863
- Nunngesser v. HartSupreme Court of Iowa · 1904
14 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Reiger v. TurleySupreme Court of Iowa · 1911
- Darnall v. DaySupreme Court of Iowa · 1949
- Fisher v. TrumbauerSupreme Court of Iowa · 1912
- Johnson v. CarterSupreme Court of Iowa · 1909
- Smith v. Waterloo, Cedar Falls & Northern Railway Co.Supreme Court of Iowa · 1921
18 more not listed; retrieve them via the Exa API.