Barhydt v. Burgess
Supreme Court of Iowa
Appeal from Des Moines Circuit Court. Action at law to recover rent. The cause was submitted to the court without a jury, and a judgment rendered for plaintiff. Defendant appeals.
1Opinion of the CourtBeck, J.
The action is based upon a written lease, and the defense interposed is to the effect that defendant had assigned his lease to one Dawson, whom plaintiff accepted as his tenant and by whom rent was paid; that prior to the removal of Dawson from the premises, whereon he had valuable furniture and fixtures, defendant notified plaintiff and requested him to proceed against the property in the enforcement of his landlord’s lien, which plaintiff refused to do. There was no finding of facts by the court. The evidence found in the record supports the following conclusions as to the facts:
1. The…
2Cases cited2 opinions
- Port v. JacksonNew York Supreme Court · 1819
- Kimpton v. WalkerSupreme Court of Vermont · 1837
3Cited by2 opinions
- Seeburger v. CohenSupreme Court of Iowa · 1933
- Bouscaren v. BrownNebraska Supreme Court · 1894