Cole v. Johnson

• Decision Date: 25 May 1903
• Citation: 94 N.W. 1113,120 Iowa 667
• Parties: A. J. COLE, Appellant, v. JOHN JOHNSON, Appellee
• Court: Iowa Supreme Court

94 N.W. 1113

120 Iowa 667

A. J. COLE, Appellant, v. JOHN JOHNSON, Appellee

Supreme Court of Iowa, Des Moines

May 25, 1903

Appeal from Hancock District Court.--HON. J. F. CLYDE, Judge.

OMITTING matters not material to the questions argued in this court this case may be stated as follows: Plaintiff, by a written instrument, leased a farm of two hundred acres in Winnebago county, Iowa to the defendant, for a term of three years beginning March 1, 1899. By the terms of the contract the lessee undertook to pay grain rent for the cultivated lands cash rent of $ 1.50 per acre for the hay and pasture lands and work out the highway taxes. The lease also contains a provision as follows: "A failure to pay the rent as agreed upon, or to comply with any of the stipulations of this lease by the said party of the second part, shall authorize the said party of the first part to consider the lease forfeited, and he may take possession of the premises without notice, and without process of law, or he may bring an action as allowed by law to recover possession." On the 12th of December, 1900, the plaintiff served a written notice upon the defendant to surrender the lease and quit the premises within three days, said notice reciting that plaintiff terminated said lease and claimed immediate possession of the lands on account of defendant's failure to pay the cash rent due December 1, 1900, failure to pay or work the road taxes for the years 1899 and 1900, and failure to properly cultivate said lands or care for the crop raised thereon. Defendant having refused to comply with the notice plaintiff, on December 29, 1900, began this action--a proceeding in forcible entry and detainer--before a justice of the peace. The defendant appeared, and, denying the petition, further answered that plaintiff had waived the condition of the contract relating to the cash rent, and had voluntarily consented to an extension of time thereon. He further alleged that the number of acres of land subject to cash rent has never been determined, that the rent was payable at no particular place, and that no demand therefor had ever been made upon him. Upon the trial before the justice of the peace there was a judgment for plaintiff, from which judgment defendant appealed to the district court. The cause was tried in the latter court February 26, 1901, and at the close of the testimony the court sustained the defendant's motion to direct a verdict in his favor. There was a verdict and judgment accordingly, and an order for writ restoring defendant to the possession of the farm, and plaintiff appeals.

Affirmed.

Bradford & Aldridge for appellant.

John Hammill for appellee.

OPINION

WEAVER, J.

It is true that under the terms of the lease a failure of the tenant to pay any installment of rent when due ...