Marckres Bros. v. Perry Gas Works
Supreme Court of Iowa
Appeal from Dallas District Court. — J. H. Arplecíate, Judge. Action Ivy plaintiff, as a lessor, to recover upon a lease the rentals due thereunder for a period of 10 months, the defendant, as lessee, having surrendered the premises prior to the accrual of such rents. The general defense was that the defendant was a tenant at will, and terminated his tenancy in due form, by service of a JO-day notice. There was a trial to a jury, and verdict and judgment for the plaintiff.
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Appeal from Dallas District Court. — J. H. Arplecíate, Judge. Action Ivy plaintiff, as a lessor, to recover upon a lease the rentals due thereunder for a period of 10 months, the defendant, as lessee, having surrendered the premises prior to the accrual of such rents. The general defense was that the defendant was a tenant at will, and terminated his tenancy in due form, by service of a JO-day notice. There was a trial to a jury, and verdict and judgment for the plaintiff. The defendant appeals.'
1Opinion of the CourtEvans, J.
1. Principad and Agent authority: accepting benefits. The defendant Perry Gas Works was ihe lessee in a lease executed to it by the plaintiff as of March 1, 1911, for a term of three years, with a certain option of renewal to the defendant. Such option was in writing, and in the following terms:
“It is further understood and agreed that the second party, his heirs or assigns, at the expiration of the period covered by this lease are to have the privilege optional with them of renewing this lease for a further period of two years from and after March 1, 1917, at an adjusted rental based upon…
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