Eggers v. Paustian
Supreme Court of Iowa
Appeal from Tama District Court. — James W. Willett, Judge. Suit upon a note given for rent of real estate. The defendant admitted the note, and pleaded a counterclaim for damages. The damages claimed were predicated upon an alleged eviction of the defendant by the plaintiff from the leased premises, before the expiration of the term of the lease. By the verdict, the damages were allowed to the defendant, and judgment was entered thereon. The plaintiff appeals.
1Opinion of the CourtEvans, J.
1. Landlord and tenant: voluntary removal as defense to eviction suit. The term of the lease involved herein extended from March 1, 1915, to March 1, 1918. The lease contained a reservation to the plaintiff of a right to sell the property and to terminate the lease upon the first of March thereafter, by giving 60 days’ notice to the lessee. On December 24, 1915, the plaintiff served a written notice- upon • the defendant, terminating the lease March 1st following, pursuant to the reservation above stated. The defendant vacated the premises on February 28th following, and claimed damages as…
2Cited by4 opinions
- Hallam v. Commerce Mining & Royalty Co.Court of Appeals for the Tenth Circuit · 1931
- Exeter Co. v. Samuel Martin, Ltd.Washington Supreme Court · 1940
- Eggers v. PaustianSupreme Court of Iowa · 1921
- Diamanti v. AubertUtah Supreme Court · 1926