Legal Opinion

Witthauer v. Wheeler

Supreme Court of Iowa

Decided December 18, 1914PublishedCited by 8 opinions

Appeal from Shelby District■ Court. — Hon. O. D. Wheeler, Judge. Action for damages for breach of contract to furnish cattle to be kept for share of increase on a ranch leased by-plaintiff from defendant, and for damages resulting from a failure of the landlord to furnish water supply. From a verdict and judgment for plaintiff, the defendant, appeals.

1Opinion of the CourtWithrow, J.

I. The defendant, as the owner of a ranch of 2,400 acres in Colorado, entered into negotiations with the plaintiff, as a result of which, lease was made between the parties in March, 1910. The lease covered a period of two years from March 1,1910, and provided for a crop rent of one third. It was stated in the instrument that the premises were to be used as a farm and a stock ranch, and for no other purpose, and was stipulated that, if sale was made of the premises before March 1, 1911, the tenant would not be required to pay rent. There were also conditions as to repairs upon the premises,…

2Cases cited15 opinions

  1. Kelly v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1895
  2. Belair v. C. & N. W. R.Supreme Court of Iowa · 1876
  3. Murdy v. SkylesSupreme Court of Iowa · 1897
  4. Miller v. MorineSupreme Court of Iowa · 1914
  5. Canfield Lumber Co. v. Kint Lumber Co.Supreme Court of Iowa · 1910

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3Cited by8 opinions

  1. Banwart v. ShullenburgSupreme Court of Iowa · 1920
  2. Whiting v. CochranSupreme Court of Iowa · 1950
  3. Gordon v. WitthauerSupreme Court of Iowa · 1965
  4. Jones v. SargentSupreme Court of Iowa · 1922
  5. Cox v. Fleisher Construction Co.Supreme Court of Iowa · 1927

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