Lytle Investment Co. v. McMorris
Supreme Court of Iowa
Appeal from Woodbury District Court. — George Jepson, Judge. The appellant appeals because the trial court did not give it all the relief it prayed. For one thing, appellee has interposed a motion to dismiss on the ground that appellant, having taken the benefit of the decree so far as it was in its favor, has no right to have it reviewed whether the parts of the decree not in its favor are erroneous.—
1Opinion of the CourtSalinger, J.
I. The lease executed by McMorris to the appellant has provision (a) that, if the tenant uses the premises for “any (described) unlawful purposes,” it shall work “an immediate forfeiture of this lease and all rights of the second party;” (b) that the tenant especially covenants that he will not permit the premises to create the nuisance defined by Section 2384 of the Code and Section 4944-a, Code Supplement, 1913; (c) that the tenant will not “permit or suffer to be used or exercised or carried on in said premises any noisy or offensive trade or business, or occupy or use or permit said…
2Cases cited18 opinions
- Reiger v. TurleySupreme Court of Iowa · 1911
- Bennett v. . Van SyckelNew York Court of Appeals · 1859
- Eldridge v. SmithSupreme Court of Vermont · 1861
- Denecke v. Henry F. Miller & SonSupreme Court of Iowa · 1909
- McKain v. MullenWest Virginia Supreme Court · 1909
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3Cited by6 opinions
- Brutsche v. Incorporated Town of Coon RapidsSupreme Court of Iowa · 1936
- Burnett v. TiptonCourt of Appeals of Texas · 1935
- Altoona Savings Bank v. PaceSupreme Court of Iowa · 1923
- Bennell Realty Co. v. E. G. Shinner & Co., Inc.Court of Appeals for the Seventh Circuit · 1937
- Lynch v. UhlenhoppSupreme Court of Iowa · 1956
1 more not listed; retrieve them via the Exa API.