Legal Opinion

Wagner v. Glick

Supreme Court of Iowa

Decided September 29, 1916PublishedCited by 10 opinions

Appeal from Polk District Court. — W. S. Ayres, Judge. This is an action in equity for the reformation of a lease to real estate, and it is asked that the first of two leases be canceled and decreed to be merged in the second lease. The case was dismissed as to defendants Kirchner and Glick, who, it appeared at the time of the trial, had no interest in the case. The trial court found for the plaintiff, and the defendant F. A. Rife appeals.

1Opinion of the CourtPreston, J.

The issues presented by the pleadings are substantially these:

‘ ‘ The plaintiff claims that he was the assignee of a lease for a right of way across a 50-acre parcel of ground in Polk County, with' the right to take sand from a sand bar in the Raccoon River; that this land was afterwards purchased by Glick & Rife, a copartnership; that afterwards, for an additional consideration, a new lease for the whole of the land was entered into between plaintiff and Glick & Rife, the same being executed by Glick, as the agent of, and for, Glick & Rife; that the agreement was that the new lease should…

2Cases cited18 opinions

  1. Bethell v. BethellIndiana Supreme Court · 1884
  2. Epperly v. FergusonSupreme Court of Iowa · 1902
  3. Frum v. KeeneySupreme Court of Iowa · 1899
  4. Jones v. Chicago & Northwestern R. R.Supreme Court of Iowa · 1872
  5. MacGregor v. MacGregorSupreme Court of Iowa · 1859

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3Cited by10 opinions

  1. State Ex Rel. Truitt v. District Court of Ninth Judicial Dist.New Mexico Supreme Court · 1939
  2. Adams v. SmithSupreme Court of Iowa · 1933
  3. Eckhardt v. Bankers Trust Co.Supreme Court of Iowa · 1933
  4. Johnson v. PurcellSupreme Court of Iowa · 1938
  5. Soud v. HikeSupreme Court of Florida · 1952

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