Legal Opinion

O'Brien v. Troxel & Brother

Supreme Court of Iowa

Decided December 18, 1888PublishedCited by 8 opinions

Appeal from Des Moines District Qourt. — Hon. Charles H. Phelps, Judge. Action to recover rent for the use and occupation of real estate. Trial to the court. Judgment for the defendants, and the plaintiff appeals.

1Opinion of the CourtSeevers, C. J.

— In 1884 the plaintiff and defendant executed a written lease, whereby the former leased to the latter certain real estate for the period of two years from the first day of January, 1885, for a certain specified amount, to be paid monthly, for the use and occupation of the premises. The defendant occupied the premises for the term, and paid the rent, and also continued to occupy the same thereafter, and paid the rent as stipulated in the lease, without objection, until the *761twenty-first day of February, 1887, when the defendant served a notice on the plaintiff to the effect that the tenancy…

2Cited by8 opinions

  1. Andrews v. Marshall Creamery Co.Supreme Court of Iowa · 1902
  2. German State Bank v. HerronSupreme Court of Iowa · 1900
  3. Potter v. Henry Field Seed Co.Supreme Court of Iowa · 1948
  4. Sanders v. Sutlive Bros. & Co.Supreme Court of Iowa · 1913
  5. Fritch v. ReynoldsSupreme Court of Iowa · 1920

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