Woodbury Co. v. Dougherty & Bryant Co.
Supreme Court of Iowa
Appeal from Woodbury District Court. — Hon. Frank R. Gaynor, Judge. Action at law to recover the rent reserved in a lease for a certain building in Sioux City, Iowa. • The lease was for five years from and after November 15, 1906, and at the agreed rental of $2,100 for the first year, and $2,400 for each succeeding one, during the term of the lease.
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Appeal from Woodbury District Court. — Hon. Frank R. Gaynor, Judge. Action at law to recover the rent reserved in a lease for a certain building in Sioux City, Iowa. • The lease was for five years from and after November 15, 1906, and at the agreed rental of $2,100 for the first year, and $2,400 for each succeeding one, during the term of the lease. The premises were occupied by defendant under the lease, down until January 17, 1911, when a fire occurred in the building, which caused considerable damage, and the rent was, by the terms of the lease, suspended until the demised premises were…
1Opinion of the CourtDeemer, J.
The issue was a narrow one, and the testimony was largely directed to this issue. The verdict was for defendant, and from an order sustaining a motion for a new trial, it appeals.
1. new trial This motion was bottomed upon nine distinct grounds, among which were the stereotyped ones, regarding the sufficiency of the testimony, both at law and under the instructions, to justify the verdict, and also certain alleged errors of the court in the giving and refusing to give certain instructions asked. The order sustained the motion generally, and if there be any tenable grounds upon which it might…
2Cases cited3 opinions
- Dewey v. Chicago & N. W. R. R.Supreme Court of Iowa · 1871
- Royer v. King's Crown Plaster Co.Supreme Court of Iowa · 1910
- Holland v. KellySupreme Court of Iowa · 1910
3Cited by24 opinions
- Morton v. Equitable Life InsuranceSupreme Court of Iowa · 1934
- In Re Estate of HollisSupreme Court of Iowa · 1944
- Farnsworth v. HazelettSupreme Court of Iowa · 1924
- Thomas v. Illinois Central RailroadSupreme Court of Iowa · 1915
- In Re State of GoretskaSupreme Court of Iowa · 1944
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