Munier v. Zachary
Supreme Court of Iowa
Appeal from Linn District Court.— Hon. Wm. G. Thomp- ' son, Judge. Action to recover damages fpr the conversion of straw removed by defendant, plaintiff’s lessee, from the leased premises in violation of a covenant in the lease. There was a verdict for the defendant, and from a judgment thereon plaintiff appeals.—
1Opinion of the CourtMcClain, J.
Under a lease for five years ending March 1, 1905, the defendant went into possession of plaintiff’s farm, and continued in occupation thereof as tenant until the expiration of the term. The lease was in the usual form of printed farm leases, but contained written therein on a blank line these words, “ No straw to be removed from the farm.” Plaintiff alleged that notwithstanding this express stipulation the defendant did, in August, 1904, “ take, remove, and carry away from the said premises, and convert to his own use, straw raised and grown upon said premises, to-wit, thirty tons, and of…
2Cases cited16 opinions
- Brigham v. OverstreetSupreme Court of Georgia · 1907
- Voorhees v. ArnoldSupreme Court of Iowa · 1899
- Carpenter v. American Building & Loan Ass'nSupreme Court of Minnesota · 1893
- Colby v. W. W. Kimball Co.Supreme Court of Iowa · 1896
- Colville v. . MilesNew York Court of Appeals · 1891
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3Cited by12 opinions
- Welke v. City of DevenportSupreme Court of Iowa · 1981
- Gorham v. Massillon Iron & Steel Co.Illinois Supreme Court · 1918
- Blessing v. Norwest Bank Marion, N.A.Supreme Court of Iowa · 1988
- Rew v. MaynesSupreme Court of Iowa · 1910
- Arneson v. NergerSouth Dakota Supreme Court · 1914
7 more not listed; retrieve them via the Exa API.