Safely v. Gilmore
Supreme Court of Iowa
Appeal from Linn District Court. Measure of damages in actions for rent. — Action by landlord against tenant. Defendant leased a farm of plaintiffs. The contract- was verbal. Plaintiffs claimed that defendant was to pay as rent twelve bushels of corn per acre for the use of new and ten bushels per acre for the use of old land. Defendant claimed that he was to pay as rent one-third of the corn raised, the same as other kinds of grain.
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Appeal from Linn District Court. Measure of damages in actions for rent. — Action by landlord against tenant. Defendant leased a farm of plaintiffs. The contract- was verbal. Plaintiffs claimed that defendant was to pay as rent twelve bushels of corn per acre for the use of new and ten bushels per acre for the use of old land. Defendant claimed that he was to pay as rent one-third of the corn raised, the same as other kinds of grain. Referee found in favor of the plaintiffs’ theory, and that there was due plaintiffs in 1862, over and above the third part which had been delivered, 931-bushels…
1Opinion of the CourtDillon, J.
This is not a case where the corn had once been set apart to the .landlord, and afterward converted by the tenant.,, fandtorTind tenant. The corn, for the value of which this action is brought, was due the plaintiffs as rent. Their cause of action, under the contract, arose and was perfect when the corn was first demanded. In our judgment this is the time at which the value is to be measured. Any subsequent demand was unnecessary, and is to be laid out of the consideration of the case.
The plaintiffs insist that their case falls within the rule established by this court as to the measure of…
2Cases cited2 opinions
- Cannon v. FolsomSupreme Court of Iowa · 1855
- Davenport v. WellsSupreme Court of Iowa · 1855