46 Iowa 11 | Iowa | 1877
I. It is conceded that in 1871 an agreement was made by the parties that the defendant should occupy the plaintiff’s building, and pay as rent therefor the sum of $25 per month. Defendant was in the possession of the house under this contract until Nov. 1st, 1871, when he leased the hotel to one Carroll. Defendant claims that his tenancy of plaintiff’s building ceased when Carroll took possession of the hotel. Afterwards other parties went into possession of the hotel and also the building belonging to plaintiff. Plaintiff claims that defendant put Carroll in possession of the building in question, during plaintiff’s absence, and without his consent, aud that he never acknowledged Carroll nor any of the subsequent lessees of the hotel as his tenants, but held the defendant as such. The main point of contest in the case was as to whether defendant’s tenancy ceased in 1871, or at some time after that, or whether it continued up to the commencement of the suit.
Affirmed.