Healey v. Tyler
Supreme Court of Iowa
Appeal from Woodbury District Court. — Hon. Wm. Hutchinson, Judge. In an action to recover rent for business premises in Sioux City, occupied by defendants, under a written lease, the defendants interposed a counterclaim for expenses of freeing the basement of the building on the premises. from water, mud, and debris deposited as the result of an exceptional flood caused by a fresbet in a stream flowing through the city in the neighborhood of the premises, and an additional…
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Appeal from Woodbury District Court. — Hon. Wm. Hutchinson, Judge. In an action to recover rent for business premises in Sioux City, occupied by defendants, under a written lease, the defendants interposed a counterclaim for expenses of freeing the basement of the building on the premises. from water, mud, and debris deposited as the result of an exceptional flood caused by a fresbet in a stream flowing through the city in the neighborhood of the premises, and an additional amount for repairs made necessary by such flood. Demurrers to tbe counterclaim and to an amended counterclaim were…
1Opinion of the CourtMcClain, J.
Tbe portion of tbe lease relied upon by tbe defendants as obligating tbe plaintiffs to free tbe basement of tbe building of water, mud, and debris resulting from a fresbet and to make tbe repairs rendered necessary by sucb fresbet reads as follows: “And tbe parties of tbe- second part (lessees) covenant with tbe parties of tbe first part that they will keep tbe buildings, glass, gates, fences, etc., in as good repair as tbe same now are, or may at any time be placed in by tbe lessor, as tbe same shall require it, damage by superior force, inevitable necessity, or fire, or from any other cause…
2Cases cited8 opinions
- Inman Manufacturing Co. v. American Cereal Co.Supreme Court of Iowa · 1907
- Piper v. FletcherSupreme Court of Iowa · 1901
- Wlllmering v. McGaugheySupreme Court of Iowa · 1870
- Cash v. HinkleSupreme Court of Iowa · 1873
- Randolph v. HaldenSupreme Court of Iowa · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Plate Glass Underwriters' Mutual Insurance v. Ridgewood Realty Co.Missouri Court of Appeals · 1925
- Woodbury Co. v. William Tackaberry Co.Supreme Court of Iowa · 1914
- Trapalis v. GershunSupreme Court of Iowa · 1966
- Fischer v. CollierDistrict Court of Appeal of Florida · 1962
- Osterling v. SturgeonSupreme Court of Iowa · 1968
1 more not listed; retrieve them via the Exa API.