Frederick v. Callahan
Supreme Court of Iowa
Appeal from Clinton Circuit Court. This action was brought December 24, 1873, upon the covenants of a lease for three years, of a farm, made March 3, 1870. The clause upon which the breach is assigned is embraced in this paragraph of the lease: “To have and to hold the same with appurtenances unto the said party of the second part, from the 3d day of March, 1870, for and during three years, and up to the first day of March, 1873, at a rent of one-third of all crops raised on…
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Appeal from Clinton Circuit Court. This action was brought December 24, 1873, upon the covenants of a lease for three years, of a farm, made March 3, 1870. The clause upon which the breach is assigned is embraced in this paragraph of the lease: “To have and to hold the same with appurtenances unto the said party of the second part, from the 3d day of March, 1870, for and during three years, and up to the first day of March, 1873, at a rent of one-third of all crops raised on said premises, the small grain to be measured at the threshing machine in the half bushel, and to be delivered in the…
1Opinion of the CourtColis, J.
The single question presented by this record is, whether the covenant that the “ tenant is to build himself a dwelling at his own expense on such place as landlord points out; landlord agrees to buy the building at the expiration of the lease at such a price as three disinterested parties shall *313fix upoii it,” is such a covenant as runs with the land, under the circumstances averred in the petition, so as to bind the grantee of the land and assignee of the lease? We agree, (but not without some hesitation on the part of the writer hereof), in answering this question in the affirmative. Waiving…
2Cases cited2 opinions
- Schofield v. Iowa Homestead Co.Supreme Court of Iowa · 1871
- Barker v. KuhnSupreme Court of Iowa · 1874
3Cited by6 opinions
- Gammel v. GoodeSupreme Court of Iowa · 1897
- Obermeier v. Mortgage Co. Holland-AmericaOregon Supreme Court · 1924
- Fletcher v. KellySupreme Court of Iowa · 1893
- Rockafellor v. GraySupreme Court of Iowa · 1922
- Rhode Island Hospital Trust Co. v. J. B. Farnum Co.Supreme Court of Rhode Island · 1937
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