O'Brien v. Carson
Supreme Court of Iowa
Appeal from Fremont District Court. This is an action upon a written lease for rent. Defendant answered, setting up a counter-claim for board of servant girl fifty weeks, $200. The lease contains the following paragraph: “And the said second party, for and in consideration of the rentage and leasing aforesaid, is to pay as rent for said premises as follows: For the first year he is to pay first party a yearly money rent of the sum of $660, and in addition thereto, as part…
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Appeal from Fremont District Court. This is an action upon a written lease for rent. Defendant answered, setting up a counter-claim for board of servant girl fifty weeks, $200. The lease contains the following paragraph: “And the said second party, for and in consideration of the rentage and leasing aforesaid, is to pay as rent for said premises as follows: For the first year he is to pay first party a yearly money rent of the sum of $660, and in addition thereto, as part rent, is to board said first party and his family, consisting of two adult persons, during said year.” In construing this…
1Opinion of the CourtDay, J.
It is true, as appellant insists, if the language had been “ the family of A,” A. would have been included as an integral part of the family. But the language here employed, and which we are called upon to construe, is essentially different. The defendant agrees to board the “ first party.” But his agreement does not stop here. He undertakes to do more. In addition to the first party, he agrees to board a certain collection of individuals called a family, and that collection, the contract says, consists of two adult persons. By the express terms of the lease defendant agrees to board the…
2Cited by1 opinion
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