Gilman v. McDaniels
Supreme Court of Iowa
Appeal from. Wright District Court. — Charles E. Albrook, Judge. Action at law to recover $424 rent alleged to be due on an oral contract; a second count to recover tbe same upon a quantum meruit for the use of land. The defendant counterclaimed, and asked to recover $360 rent paid by him and $200 for work and labor in preparing and plowing land and putting it in condition for cropping as soon as it should be tiled under an agreement as alleged by him.
Read the full summary
Appeal from. Wright District Court. — Charles E. Albrook, Judge. Action at law to recover $424 rent alleged to be due on an oral contract; a second count to recover tbe same upon a quantum meruit for the use of land. The defendant counterclaimed, and asked to recover $360 rent paid by him and $200 for work and labor in preparing and plowing land and putting it in condition for cropping as soon as it should be tiled under an agreement as alleged by him. Defendant alleges that the tiling was not done as agreed. Trial to a jury, and a verdict in favor of the defendant in the sum of $280. By…
1Opinion of the CourtPreston, J.
1. Plaintiff avers that, about August 1, 1911, by oral agreement, he leased to the defendant, for the term of one year from March 1, 1912, certain farm land; that for the use of said premises defendant promised and agreed to pay as rent two fifths of the grain raised on the same, and $4 per acre for the land not used in raising grain. Plaintiff alleged that there are 106 acres of such land; alleged also that the agreement was that one half the rent was to be paid September 20, 1912, and the other half, January 1, 1913; that defendant entered upon and has continued in possession of said…
2Cases cited8 opinions
- Frazer v. HoweIllinois Supreme Court · 1883
- Harvey v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906
- Williams v. BemisMassachusetts Supreme Judicial Court · 1871
- Holt v. Brown & Co.Supreme Court of Iowa · 1884
- White v. WielandMassachusetts Supreme Judicial Court · 1872
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Shinrone, Inc. v. Tasco, Inc.Supreme Court of Iowa · 1979
- Sferra v. UrlingSupreme Court of Pennsylvania · 1937
- Bremhorst v. Phillips Coal Co.Supreme Court of Iowa · 1927
- City National Bank v. MasonSupreme Court of Iowa · 1917
- Olson v. Des Moines City Railway Co.Supreme Court of Iowa · 1919
4 more not listed; retrieve them via the Exa API.