Cavanagh v. Iowa Beer Co.
Supreme Court of Iowa
Appeal from Polk District Court.— HoN. W. H. McHenry, Judge. ActioN at law to recover damages for breach of a contract of lease. Defendant admitted tbe making of the lease, but pleaded that it never became operative by reason of breach of a condition precedent. A jury was waived, but before any testimony was introduced plaintiff moved for judgment upon the pleadings. This motion was sustained, and defendant appeals.
1Opinion of the CourtDeemee, J.
1. Parol evidence: variance of writing: proof of condition precedent. In January of the year 1905 the parties to this action entered into a written contract of lease for part of a certain lot in the city of Des Moines. This lease was for a term of five years from and after the 1st day of April, 1905, and provided for an annual rental of $1,000 to be paid in ad- . vanee monthly installments, beginning April 1, 1905. Plaintiff alleged “ that after the malting of said lease, and before the 1st of April, 1905, they erected the brick building specified in the said lease on said premises, and…
2Cases cited8 opinions
- Thomas v. . ScuttNew York Court of Appeals · 1891
- Reynolds v. . RobinsonNew York Court of Appeals · 1888
- Sutton v. GriebelSupreme Court of Iowa · 1902
- Oakland Cemetery Ass'n of Lyons v. LakinsSupreme Court of Iowa · 1904
- Sutton v. WeberSupreme Court of Iowa · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- McNight v. ParsonsSupreme Court of Iowa · 1907
- Lavalleur v. HahnSupreme Court of Iowa · 1911
- Hurt v. New York Life Ins. Co.Court of Appeals for the Tenth Circuit · 1931
- Lilly v. Haynes Co-operative Coal Mining Co.North Dakota Supreme Court · 1923
- Wells v. Hocking Valley Coal Co.Supreme Court of Iowa · 1908
12 more not listed; retrieve them via the Exa API.