Percival v. Colonial Investment Co.
Supreme Court of Iowa
Appeal from, Polk District ■ Court. — Hon. W. H. McHenry, Judge. Action in equity to reform a fifty-year lease, and recover rent due thereunder. By way of counterclaim defendant asks judgment against plaintiff for expense incurred in acquiring the right to use a wall in common partly resting upon the leased premises. Plaintiff was given ' judgment for the rent claimed, and defendant’s counterclaim was dismissed. Defendant appeals. —
1Opinion of the CourtMcClain, J.
— The lease in question, which covered a lot forty-four feet wide in a block in the city of Des *277Moines devoted to business purposes, contained in tbe description of the property the following clause: “Together with all the improvements now erected thereon; and first party guarantees to second party the quiet and peaceful possession and enjoyment of said premises during the term hereof.” At the time the lease was executed the lot was partly covered by small frame buildings and sheds from which plaintiff was deriving revenue from leases to temporary tenants, and on the east line of the lot was…
2Cases cited10 opinions
- Sexauer v. WilsonSupreme Court of Iowa · 1907
- Mackey v. HarmonSupreme Court of Minnesota · 1885
- Richardson v. TobeyMassachusetts Supreme Judicial Court · 1877
- Standish v. LawrenceMassachusetts Supreme Judicial Court · 1872
- Burr v. LamasterNebraska Supreme Court · 1890
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3Cited by2 opinions
- Younker v. McCutchenSupreme Court of Iowa · 1916
- Jones v. Fisher Realty Co.Indiana Court of Appeals · 1933