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McCRAY v. CARSTENSEN

No. 91-1851.

492 N.W.2d 444 (1992)

Royce McCRAY, John W. Butcher and R & J Associates, Inc., Appellants, v. Robert E. CARSTENSEN, Individually and as a Partner of T & C Associates, and B.J. Trickey, Individually and as a Partner of T & C Associates, Appellees.

Court of Appeals of Iowa.

September 29, 1992.

Attorney(s) appearing for the Case

Gregory J. Epping of Terpstra, Terpstra & Epping, Cedar Rapids, for appellants.

Michael McDonough of Moyer & Bergman, Cedar Rapids, for appellees.

Considered by DONIELSON, P.J., and HAYDEN and HABHAB, JJ.

HAYDEN, Judge.

Plaintiffs executed a lease to rent commercial real estate from defendants. The lease stated the premises were to be used "only for a bar serving a limited number of food items." The term of the lease was for a one-year period beginning on May 1, 1989, and terminating on April 30, 1990. In a default situation the lease provided plaintiffs were to receive a ten-day notice prior to cancellation or forfeiture of the lease.

Plaintiffs began doing...

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