Benjamin v. Vieth
Supreme Court of Iowa
Appeal from Pottawattamie District Court. — Hon. N. W. Maoy, Judge. About the tenth day of July, 1887, the following instrument was executed: “lease. “This agreement witnesseth that Margaret R. and T. J. Moore have this day leased to Herman Yieth all the buildings on lots 17 and 18, in block 6, Oakland, Iowa, for the period of one year from March 1, 1887, at the monthly rental of $12.50, in advance, on the first day of each month.
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Appeal from Pottawattamie District Court. — Hon. N. W. Maoy, Judge. About the tenth day of July, 1887, the following instrument was executed: “lease. “This agreement witnesseth that Margaret R. and T. J. Moore have this day leased to Herman Yieth all the buildings on lots 17 and 18, in block 6, Oakland, Iowa, for the period of one year from March 1, 1887, at the monthly rental of $12.50, in advance, on the first day of each month. Herman Yieth agrees to take and pay for said premises for said term one hundred • and fifty dollars at the times above specified; to use the same as an agricultural…
1Opinion of the CourtGranger, J.
— As to the claim in the answer for a reformation of the lease, appellee concedes in argument the insufficiency of the testimony to sustain the claim, and it is to be disregarded. This leaves.the issue upon the general denial and the amendment to the answer filed at the close of the testimony. This amendment must be understood as a distinct division of the answer, for it makes no reference to the other divisions, nor is it pertinent to the subject-matter of the others. It is pleaded as a defense, and its sufficiency is not questioned, and hence any objections to it are waived. We need not…
2Cited by15 opinions
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