106 Iowa 165 | Iowa | 1898
I. The defendant leased the land, then wild and unimproved, from the owner, William Strieker, for five years from March 1, 1886, under a written contract which provided that defendant should pay the taxes for the use of the same, “and to build a good and substantial fenco enclosing said land, and at the end of his lease the said William Strieker should have the option of purchasing the-said fence at its reasonable value, and, if he elected not to-purchase the same, then the defendant was to have the privilege of removing the same, the fence to remain his property until purchased by said Strieker.” William Strieker died testate, his will providing for the sale of the land by his, executor. About the twenty-seventh day of March, 1891, an agreement was concluded between the plaintiff and the-
II. By the contract the fence was to remain the property of defendant, with the privilege of removing the same, “until purchased by said Strieker.” Strieker did not purchase it; hence the ownership and right of removal remained in the defendant. Plaintiff did know of defendant’s owm - ership of the fence and his right to remove it when he paid ‘the four thousand six hundred dollars, and could have protected himself to the extent of the value of the fence at that time, if, under his contract of purchase, he was entitled to do so. The judgment of the district court is correct, and is. Al-riURMED.