139 Iowa 605 | Iowa | 1908
On March 30', 1903, the plaintiff leased to the defendants certain premises to be used as a cigar store and a restaurant. The term of this lease was for six months, with the privilege to the second party to renew the same for an additional year. In September,. 1903, the lease was extended by indorsement on the back thereof to March 1, 1904, at an increased rental of $5 per month. The plaintiff exacted from the defendants a bond in the penal sum of $500, conditioned, in substance, that the defendants should engage in no unlawful business upon the premises, and that the plaintiff should be held harmless from any expenditure or costs or injunction or assessment' under the prohibitory laws of the State. The defendants caused or permitted intoxicating liquors to be sold upon the premises, and a mulct tax of $150 was levied and assessed against the property, and the plaintiff was compelled to pay the same in order
The only defense which is relied on here is that the lease was made for the purpose of permitting one Shipley to sell liquors on the said premises in violation of law, and that the plaintiff was frequently in the said building, and knew the character of business that was being conducted by the said Shipley “at the time the lease was renewed and at the time the said bond was given.” Defendant Silvers was a liquor dealer, and Shirley was one of his traveling salesman. They did not give their personal attention to the conduct of the business on plaintiff’s premises. One Shipley had conducted the business for the defendants during the summer of 1903, and had sold intoxicating liquors thereon in violation of law. He continued in the service of the defendants for a short time after the extension of the lease. It is contended by the defendants that these circumstances are sufficient to warrant the jury in finding that the plaintiff knew at the time he executed the extension of the lease that the defendants intended to sell intoxicating liquors in violation of law. Hpon this premise of fact, the defendants contend, as a matter of law, that the bond was void, and that the plaintiff can recover nothing thereon. We can not concur in the defendants’ position — neither of fact nor of law.
The authorities are not altogether in harmony as to the rule which renders a contract void when it is entered into by one of the parties with the intent to violate the law, and where such intent is known or suspected by the other party. The great weight of authority, however, in our opinion is that mere knowledge or suspicion on the part of the lessor that the. lessee intends to violate the law upon the property will not of itself render a contract void. In order to defeat a recovery for rent by the lessor, it must be shown that he participated in some degree,
Under the evidence in this case, the most that can be said is thát the plaintiff feared or suspected that intoxicating liquors might be sold upon the premises. There
The judgment is right, and is affirmed.