R & R WELDING SUPPLY COMPANY v. CITY OF DES MOINES

No. 51344.

129 N.W.2d 666 (1964)

R & R WELDING SUPPLY COMPANY, Appellee, v. CITY OF DES MOINES, Iowa, Appellant.

Supreme Court of Iowa.

July 16, 1964.


Attorney(s) appearing for the Case

Leonard C. Abels, Corp. Counsel, and Don Hise, Asst. City Atty., Des Moines, for appellant.

Bradshaw, Fowler, Proctor & Fairgrave, Des Moines, for appellee.


SNELL, Justice.

This is an appeal from an interlocutory ruling of the Polk District Court wherein it was held as a matter of law that a lessee, in a condemnation proceeding brought by the City of Des Moines, could maintain an action for loss of leasehold interest, even though the written lease contained a clause which provided that the lease would terminate if the entire leased premises were taken under power of eminent domain.

The lease in question was executed...

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