Armstrong v. Cavanagh
Supreme Court of Iowa
Appeal from Des Moines Municipal Court. — Eskil C. Carlson, Judge. Plaintiff and defendant, on the 11th day of September, - 1916, entered into a written lease for an apartment on the third floor of the Wright Building, in Des Moines, Iowa.
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Appeal from Des Moines Municipal Court. — Eskil C. Carlson, Judge. Plaintiff and defendant, on the 11th day of September, - 1916, entered into a written lease for an apartment on the third floor of the Wright Building, in Des Moines, Iowa. This is an action to recover rent therefor. ■ The defendant, in answer, alleged an oral contract to lease room in plaintiff’s garage, situated upon the same lots and in the rear of the apartment house, for his automobile, and that, by the terms thereof, plaintiff agreed to furnish sufficient heat to protect his automobile from damages on account of the…
1Opinion of the CourtStevens, J.
The objection urged to the admissibility of the testimony offered on behalf of the defendant was that same sought to vary, contradict, and add to the terms of the written contract. It is, of course, elementary that evidence to do this is inadmissible; but it is the contention of counsel for defendant that, while the oral contract was discussed and agreed upon at thé time the written contract was signed, it is, nevertheless, separate and distinct therefrom, and is in no sense covered thereby.
*143By reference to the written lease, it will be found that the leased premises are described as:…
2Cases cited8 opinions
- Sutton v. GriebelSupreme Court of Iowa · 1902
- Horner v. MaxwellSupreme Court of Iowa · 1915
- Murdy v. SkylesSupreme Court of Iowa · 1897
- Peterson v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1890
- Ingram v. DaileySupreme Court of Iowa · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Mitchell v. DavidDistrict of Columbia Court of Appeals · 1947
- Banwart v. ShullenburgSupreme Court of Iowa · 1920
- Roof, Trustee v. JerdSupreme Court of Vermont · 1929
- In Re Estate of SimplotSupreme Court of Iowa · 1931
- Gordon v. WitthauerSupreme Court of Iowa · 1965
2 more not listed; retrieve them via the Exa API.