John A. House v. Richard H. House, et al.

Lease - Breach of Contract - This sad state of family affairs began in 1996, when the plaintiff
John House sold approximately twelve acres of farm property,
including a house and other improvements, in Mills County, Iowa to
his son, Richard House, and Richard's wife, Kelly. As part of the
sale John was granted a lease for three years to the use of three
grain bins located on the property near the house. Soon after this
lease arrangement began, Richard and Kelly came to the belief that
John was breaching the lease agreement.

Richard and Kelly contacted an attorney who, in August of 1997
wrote a letter to John stating, in essence, that due to John's
breach of the lease the lease was terminated. John responded by
filing this lawsuit, seeking delcaratory relief and specifically
asking the court to declare the defendants had no right to
terminate the lease and that he had continued use of the grain
bins and full access to them pursuant to the lease agreement. John
further requested that the court temporarily and permanently
enjoin the defendants from interfering with his quiet enjoinment
and use of the grain bins as allowed by the lease agreement.
Richard and Kelly then counterclaimed, asking for, among other
things, damages for John's alleged breach of the lease.

After trial to the court in February 1998, the district court
ruled in June of 1998 that the defendants could not terminate the
lease unilaterally, denied all requests for restraining orders,
and awarded the defendants one thousand five hundred fifty dollars
on their counterclaim for breach of contract.

Unknown

Unknown

Affirmed as modified and remanded by the Court of Appeals of Iowa. See:___ N.W.2d ___ (Iowa Ct.App. 10-15-1999. Note: The above date reflects the appellate court decision date, not the original trial date. Reported by kkm.