Whalen v. Leisy Brewing Co.
Supreme Court of Iowa
Appeal from Polk District Court. Action at law to recover tbe rent reserved in a lease made by plaintiff to defendants. Defendants pleaded that the lease was made to enable them to violate the intoxicating liquor laws of the state, and was and is void. The trial court sustained plaintiff’s demurrer to certain parts of the answer, and rendered judgment for plaintiff for the full amount of her claim. Defendant’s appeal.
1Opinion of the CourtDeemer, C. J.
The lease was made upon condition that the second party should “(2) use said premises, viz. store room No. 216 and basement thereof, for the traffic in intoxicating liquors, and for no other purpose, and only in manner and form as provided by law. This lease to terminate at the option of the first party, in the event that the said second party violates the laws of Iowa in the use of said premises. (3) Not permit any unlawful business to be conducted thereon, and deliver the same free and clear of any tax, lien, claim or demand under the law taxing the traffic in intoxicating liquors.” “(11)…
2Cases cited2 opinions
- McKeever v. BeacomSupreme Court of Iowa · 1897
- Newell v. SanfordSupreme Court of Iowa · 1862