Zugg v. Turner
Supreme Court of Iowa
Appeal from the Lee District Court. Turner made to Chas. Eolger a written lease, for five months, of part of a building in Xeokuk, at ten dollars per month, payable at the end of each month. As this lease was about to expire, it was extended by a new lease in writing, for one year, the rent payable as before.
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Appeal from the Lee District Court. Turner made to Chas. Eolger a written lease, for five months, of part of a building in Xeokuk, at ten dollars per month, payable at the end of each month. As this lease was about to expire, it was extended by a new lease in writing, for one year, the rent payable as before. The last clause of the instrument was a contract to the effect, that if Eolger would put up a summer kitchen, adjoining the rooms leased, on the south, Turner would pay him the cost of it, at cash rates, at the expiration of the lease which was on 26th of April, 1858. Folger built the…
1Opinion of the CourtWoodward, J.
The question in the case is, whether the defendant was entitled to his set-off of fifty dollars.
It would seem that Folger had paid the rent up to the 26th of October, 1857, and that Turner permitted that of the remaining five months to stand unpaid, as if, with it, to pay the cost of the new building. A.t the time of the assignment from Folger to Zugg, Folger was owing Turner nothing, and Turner had notice of the assignment, but yet seeks to set-off against Zugg the rent which accrued after the assignment, all of which fell due before the bringing of the action.
The defendant places his claim…
2Cases cited1 opinion
- Davis v. MilburnSupreme Court of Iowa · 1856
3Cited by4 opinions
- Mitchell v. BeckSupreme Court of Iowa · 1916
- Reynolds v. MartinSupreme Court of Iowa · 1879
- Wing v. PageSupreme Court of Iowa · 1883
- Tuttle v. BisbeeSupreme Court of Iowa · 1909