McCarthy v. Humphrey
Supreme Court of Iowa
Appeal from Greene District Court. — Hon. Z. A. Church, Judge. This is an action to recover for a balance of rent due under a lease; for damages alleged to have been done to the leased property by defendant; for the cost of water-supplied to said premises; and also for the use made by -defendant of plaintiffs barn. The answer contains a general -denial.
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Appeal from Greene District Court. — Hon. Z. A. Church, Judge. This is an action to recover for a balance of rent due under a lease; for damages alleged to have been done to the leased property by defendant; for the cost of water-supplied to said premises; and also for the use made by -defendant of plaintiffs barn. The answer contains a general -denial. It also sets up- that the rent is fully paid; that defendant settled and paid for the use of said barn; that she never agreed to pay -anything for the water supplied to the premises, and is- not, therefore, liable on that -account. Defendant…
1Opinion of the CourtWaterman, J.
— A number of errors, are assigned based up-on the instructions- and upon the rulings of the court on the admission of testimony. The- judgment -entry itself is attacked as having been recorded on Sunday. We need concern ourselves, however, only with the action of the court upon one of the issues tendered. It is very unlikely that any other o-f the matters complained of can arise on the new trial which we find must be had.
*537II. The building leased by defendant was a hotel, and it was piped for city water. The lease did not require the landlord to furnish water for the building. After defendant…
2Cited by4 opinions
- Etheredge v. City of NorfolkSupreme Court of Virginia · 1927
- Waldron v. International Water Co.Supreme Court of Vermont · 1921
- Sheldon v. HamiltonSupreme Court of Rhode Island · 1900
- Page v. City of Santa RosaCalifornia Supreme Court · 1937