Harger v. Spofford
Supreme Court of Iowa
Appeal from Polls Circioit Court. The pleadings in this case are quite voluminous. There were originally two actions between the parties, which were consolidated in the court below. The claims made by the respective parties are in substance as follows: The plaintiff is the owner of a frame building situated upon lots owned by the defendant. A hotel known as the Des Moines House is situated upon the same lots.
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Appeal from Polls Circioit Court. The pleadings in this case are quite voluminous. There were originally two actions between the parties, which were consolidated in the court below. The claims made by the respective parties are in substance as follows: The plaintiff is the owner of a frame building situated upon lots owned by the defendant. A hotel known as the Des Moines House is situated upon the same lots. The plaintiff’s building has usually been occupied by those who have kept the hotel, the plaintiff receiving rent for such use and occupancy of his building. It is claimed by the…
1Opinion of the CourtRothrock, J.
I. It is conceded that in 1871 an agreement was made by the parties that the defendant should occupy the plaintiff’s building, and pay as rent therefor the sum of $25 per month. Defendant was in the possession of the house under this contract until Nov. 1st, 1871, when he leased the hotel to one Carroll. Defendant claims that his tenancy of plaintiff’s building ceased when Carroll took possession of the hotel. Afterwards other parties went into possession of the hotel and also the building belonging to plaintiff. Plaintiff claims that defendant put Carroll in possession of the building in…
2Cases cited1 opinion
- Young v. BroadbentSupreme Court of Iowa · 1867
3Cited by3 opinions
- Smeaton v. ColeSupreme Court of Iowa · 1903
- Anvil Gold Mining Co. v. HoxsieCourt of Appeals for the Ninth Circuit · 1903
- Sigler v. MurphySupreme Court of Iowa · 1898