Eggers v. Paustian
Supreme Court of Iowa
Appeal from Tama District Court. — B. F. Cummings, Judge. Suit upon a note given for rent of real estate, upon which concededly there was due $650, unless defendant prevailed in his counterclaim in some amount. The execution of the note was admitted by the defendant, who pleaded a counterclaim for damages because of the alleged eviction of defendant by plaintiff before the expiration of the lease.
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Appeal from Tama District Court. — B. F. Cummings, Judge. Suit upon a note given for rent of real estate, upon which concededly there was due $650, unless defendant prevailed in his counterclaim in some amount. The execution of the note was admitted by the defendant, who pleaded a counterclaim for damages because of the alleged eviction of defendant by plaintiff before the expiration of the lease. Trial to a jury, and verdiet and judgment for plaintiff for $237.64, so that defendant was allowed about $400 damages on his counterclaim. The plaintiff appeals. —
1Opinion of the CourtPreston, J.
— The ease has been here before. Eggers v. Paustian, 184 Iowa 1250. The issues are the same. The case was reversed on the former appeal, because the court excluded evidence offered by plaintiff tending to show that defendant was not evicted, but that he voluntarily surrendered the premises because of an agreement between the parties, and because the court erred in excluding evidence given by defendant on a former trial, tending to show that defendant surrendered the premises voluntarily, and not as the result of a constructive eviction. The opinion states that, had the evidence been admitted,…
2Cases cited10 opinions
- Royce v. GuggenheimMassachusetts Supreme Judicial Court · 1870
- Western Union Tel. Co. v. Pennsylvania R.U.S. Circuit Court for the District of Western Pennsylvania · 1903
- Isabella Gold Mining Co. v. GlennSupreme Court of Colorado · 1906
- Kean v. RogersSupreme Court of Iowa · 1909
- Central Business College Co. v. RutherfordSupreme Court of Colorado · 1910
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3Cited by6 opinions
- Kuiken v. GarrettSupreme Court of Iowa · 1952
- Gabriel v. BorowyMassachusetts Supreme Judicial Court · 1949
- Nygard v. Juneau Yacht ClubDistrict Court, D. Alaska · 1954
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- Lindenberg v. MacDonaldCalifornia Supreme Court · 1950
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