Reed v. Root
Supreme Court of Iowa
Appeal from Des Homes District Court. Action on a written lease to recover amount claimed to be due. One Ronaldson,'was the lessor, and lie assigned the lease to the plaintiff.
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Appeal from Des Homes District Court. Action on a written lease to recover amount claimed to be due. One Ronaldson,'was the lessor, and lie assigned the lease to the plaintiff. The defendant pleaded an equitable defense and alleged the agreement was, in case the buildings were destroyed, the lease should terminate and he be released from the payment of rent, and that., in reducing the contract to writing, such provision was by mistake omitted, and he asked that it be reformed so as to express the true contract. Trial to the court, judgment for the plaintiff, and defendant appeals.
1Opinion of the Court
Seevers, On. J.
The lease was executed in April, 1874, and was for the period of three years. It will be conceded the defendant agreed to pay a named sum per annum for the use of the premises. The buildings leased were destroyed by a tornado before the expiration of the lease.
The evidence, without contradiction, shows, that “in case the premises were destroyed by fire or otherwise, the lease should be terminated and Root released from payment of rent.” After the lease was written, but before it was executed, the lessor and lessee asked a party as to the meaning of the lease as written, and the…
2Cases cited4 opinions
- Pryce v. StatlerSupreme Court of Iowa · 1875
- Moorman v. CollierSupreme Court of Iowa · 1871
- Nowlin v. PyneSupreme Court of Iowa · 1877
- Gerald v. ElleySupreme Court of Iowa · 1876
3Cited by7 opinions
- Lee v. PercivalSupreme Court of Iowa · 1892
- Jamison v. State InsuranceSupreme Court of Iowa · 1892
- Marshall v. WestropeSupreme Court of Iowa · 1896
- State v. LorenzWashington Supreme Court · 1900
- Brown v. WardSupreme Court of Iowa · 1903
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