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LAMOINE MOTT ESTATE v. NEIMAN

No. 10222.

77 F.2d 744 (1935)

LAMOINE MOTT ESTATE v. NEIMAN.

Circuit Court of Appeals, Eighth Circuit.

May 10, 1935.

Attorney(s) appearing for the Case

Oscar Strauss, of Des Moines, Iowa (George A. Wilson, of Des Moines, Iowa, on the brief), for appellant.

James B. Ryan, of Des Moines, Iowa (Don E. Neiman, of Des Moines, Iowa, on the brief), for appellee.

Before GARDNER, WOODROUGH, and VAN VALKENBURGH, Circuit Judges.

VAN VALKENBURGH, Circuit Judge.

Appellant was the owner of certain premises in Des Moines, Polk county, Iowa. April 19, 1919, its trustees entered into a written lease of these premises with one Harry N. Hansen. This lease was for a period of 53 years and 8 months, and by its terms permitted assignment. The following provisions of the instrument are deemed pertinent to the solution of this controversy:

"Par. II. The lessee covenants and agrees to pay the lessor...

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