Myers v. J. J. Stone & Son
Supreme Court of Iowa
Appeal from Appanoose District Court;— Hon. O. W. Vermillion, Judge. The plaintiff executed two leases of land to McDonald for fanning and tbe mining of coal for a term of three years beginning October 1, 1901, and on the 5th of March, 1902, the latter assigned his interest therein to the defendants. This action was begun in February, 1903, and raises the issues discussed in the opinion.
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Appeal from Appanoose District Court;— Hon. O. W. Vermillion, Judge. The plaintiff executed two leases of land to McDonald for fanning and tbe mining of coal for a term of three years beginning October 1, 1901, and on the 5th of March, 1902, the latter assigned his interest therein to the defendants. This action was begun in February, 1903, and raises the issues discussed in the opinion. The court found that plaintiff had waived the strict performance of the contracts, and was estopped from objecting to the assignment of the leases, and from saying defendants were not entitled to exercise the…
1Opinion of the CourtLadd, J.
The term of plaintiff’s leases of the land in controversy to McDonald, subsequently assigned by him to. defendants, expired October 1, 1904. Prior to the beginning of this action, performance had not been iff strict compliance with the conditions of the contracts, but a careful examination of the record has convinced us that the breaches, such as might have entitled plaintiff to a forfeiture, were waived, and that plaintiff is estopped from objecting to the assignment. No doubtful proposition of law is involved in these issues, and a review of the evidence bearing thereon would serve no…
2Cases cited7 opinions
- Ide v. LeiserMontana Supreme Court · 1890
- Menger v. WardTexas Supreme Court · 1895
- Gustin v. Union School-DistrictMichigan Supreme Court · 1893
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- Hosford v. MetcalfSupreme Court of Iowa · 1901
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3Cited by27 opinions
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