Legal Opinion

Cohen v. Hayden

Supreme Court of Iowa

Decided April 10, 1916Published

Appeal from Des Moines District Court. — Oscar Hale, Judge. Action to recover damages alleged to have been sustained by reason of being wrongfully evicted from leased premises. Judgment for plaintiffs, in tbe court' below. Defendant appeals. —

1Opinion

Supplemental Opinion on Rehearing.

Ladd, J.

7' tenant?15leases: covenant tor quiet enjoyment. A rehearing was granted on the contention of appellant that, from the mere renting or leasing of the premises for ..... a term of years, a covenant of quiet enjoyment is not to be implied. There are many respectable authorities so holding. See Adams v. Gibney, 6 Bing. 656; Lovering v. Lovering, 13 N. H. 513; Baxter v. Ryerss, 13 Barb. (N. Y.) 268; Mershon v. Williams, 63 N. J. L. 398 (44 Atl. 211); Frost v. Raymond, 2 Caines (N. Y.) 188 (2 Am.D. 228).

Anciently, estates were created by donation to the…

2Cases cited10 opinions

  1. Mack v. . PatchinNew York Court of Appeals · 1870
  2. Ellis v. WelchMassachusetts Supreme Judicial Court · 1810
  3. Baugher v. WilkinsCourt of Appeals of Maryland · 1860
  4. Wade v. HalliganIllinois Supreme Court · 1855
  5. Hanley v. BanksSupreme Court of Oklahoma · 1897

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