King v. Raab
Supreme Court of Iowa
Appeal from Blachhawlc District Gourt. — Hon. A. S. Blair, Judge. John Raab leased tlie west half of lots 1 and 2 in block 8 in Garrison and Dean’s Addition in Cedar Falls to the Cedar Falls Brick & Tile Company for the term of five years from January 1, 1897, at the monthly rental of $12. Contained in the lease was an option in these words: “It is further ag’reed that said Cedar Falls Brick & Tile Co. shall have the privilege of buying said premises at any time during said…
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Appeal from Blachhawlc District Gourt. — Hon. A. S. Blair, Judge. John Raab leased tlie west half of lots 1 and 2 in block 8 in Garrison and Dean’s Addition in Cedar Falls to the Cedar Falls Brick & Tile Company for the term of five years from January 1, 1897, at the monthly rental of $12. Contained in the lease was an option in these words: “It is further ag’reed that said Cedar Falls Brick & Tile Co. shall have the privilege of buying said premises at any time during said term for the sum of sixteen hundred and fifty dollars, and said first party, upon payment of said sum, hereby agrees to…
1Opinion of the CourtLadd, J.
It must be assumed at the outset that plaintiff is entitled to a specific performance of the contract. The district court so decreed, and, as defendants have not appealed, our decision cannot be any less favorable to them. Smith v. King, 88 Iowa, 257; West v. West, 90 Iowa, 41; McWhirter v. Crawford, 104 Iowa, 550. Eor this 'reason all the defenses interposed and somewhat elaborately argued are to be disregarded, save that with relation to the assessment of the cost of paving the street on which the lots abutted.
i. option to lesseeaseby The lease containing the option permitting the purchase…
2Cases cited15 opinions
- Willard v. TayloeSupreme Court of the United States · 1870
- King and Others v. Hamilton and OthersSupreme Court of the United States · 1830
- Godwin v. CollinsCourt of Chancery of Delaware · 1868
- Clarke v. Rochester, Lockport & Niagara Falls RailroadNew York Supreme Court · 1854
- Smith v. KnightSupreme Court of Iowa · 1893
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3Cited by13 opinions
- Federal Land Bank v. WilmarthSupreme Court of Iowa · 1934
- Bullock v. CuttingAppellate Division of the Supreme Court of the State of New York · 1913
- Wright v. BrooksMontana Supreme Court · 1913
- Des Moines Union Railway Co. v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1920
- Old Time Petroleum Co. v. TurcolCourt of Chancery of Delaware · 1931
8 more not listed; retrieve them via the Exa API.