Legal Opinion

Thorp v. Bradley

Supreme Court of Iowa

Decided September 6, 1888PublishedCited by 18 opinions

Appeal from Appanoose District Court. — Hon. H. C. Traverse, Judge. Plaintiff’s petition, whicli is at law, contains eight counts. The rulings complained of on this appeal, however, relate to questions arising on the first and eighth counts. In the first count plaintiff claims to recover for rent of real estate under a parol lease for a term of years.

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Appeal from Appanoose District Court. — Hon. H. C. Traverse, Judge. Plaintiff’s petition, whicli is at law, contains eight counts. The rulings complained of on this appeal, however, relate to questions arising on the first and eighth counts. In the first count plaintiff claims to recover for rent of real estate under a parol lease for a term of years. In the eighth count he claims damages for the breach by defendant of an alleged parol contract, whereby he agreed to bu y in at a sale under a judgment of foreclosure certain real estate belonging to plaintiff, and hold the same as security for…

1Opinion of the CourtEeed, J.

*52L fmuds™of lG£LS0S * GffGCt of part per- *51— I. The evidence offered in support of the first count, and which the court excluded, would have *52tended to prove that defendant took possession of the leased premises under the ^ parol lease, and occupied the same during the term, and that he had paid a portion of the stipulated rent. Our statute of frauds (secs. 3663, 3664) provides that no evidence of any contract for the creation or transfer of any interest in real estate, except leases for a term not exceeding one year, is competent, unless it be in writing, signed by the party sought to be…

2Cases cited2 opinions

  1. Hain v. RobinsonSupreme Court of Iowa · 1887
  2. Hunt v. CoeSupreme Court of Iowa · 1863

3Cited by18 opinions

  1. Harsha v. State Savings BankSupreme Court of Iowa · 1984
  2. Avalon Construction Corp. v. Kirch Holding Co.New York Court of Appeals · 1931
  3. Dunn v. Zwilling Bros.Supreme Court of Iowa · 1895
  4. Kolkman v. RothSupreme Court of Iowa · 2003
  5. Wissmath Packing Co. v. Mississippi River Power Co.Supreme Court of Iowa · 1917

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