Julius A. Bauer & Co. v. Chamberlain

138 N.W. 903, 159 Iowa 12
CourtSupreme Court of Iowa
DecidedDecember 12, 1912
StatusPublished

This text of 138 N.W. 903 (Julius A. Bauer & Co. v. Chamberlain) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Julius A. Bauer & Co. v. Chamberlain, 138 N.W. 903, 159 Iowa 12 (iowa 1912).

Opinion

McClain, C. J.

In December, 1902, the defendant Chamberlain was proposing to construct, and, indeed, had in process of construction, a building on the northeast comer- of Locust and West Seventh streets in Des Moines, and entered into a written contract of lease with the plaintiffs by which he granted to them for the term of eight years from the com[14]*14pletion of the building, on an agreed monthly rental, the use, for the purpose of a drug store, of a room on the first floor of such building of the dimensions of about eighteen feet on Locust street and about sixty-six feet on Seventh street. The contemplated building, as described, was to be of not less than two stories in height, and it was to be completed within about ninety days from the date of the lease, barring accidents, etc., according to the plans and specifications of Messrs. Proudfoot & Bird, architects. In February following, defendant Chamberlain, desiring to erect a larger building than had at first been contemplated, which might be used for hotel purposes, and the construction of which would require a longer time than that referred to in the lease to plaintiffs, procured from the plaintiffs a written indorsement on said lease as follows: “In consideration that this building be changed to a hotel we agree to the necessary extension of time to complete the drug room and to the changes to be made by the architects Proud-foot & Bird, drug room to be ready for occupancy by June 1st, 1903, if possible. Rental to begin thirty days after drug room is completed. No other drug store to be in this building. ’ ’

Soon after this indorsement was made, plaintiffs saw a blueprint of the architect’s plans for the first floor, which showed no.t only a front entrance to the room on Locust street and a rear side entrance on Seventh street, but also a door connecting the room which was to be occupied by plaintiffs with the lobby of the portion of the building to be occupied as a hotel. During the construction of the building in accordance with these plans, defendant Brown, who had already an arrangement for a lease of the building for hotel purposes, and who was to some extent looking after the proper construction of the building, noticed that a door was being put in between the storeroom and the lobby in accordance with the revised plans, and raised the question with the plaintiffs whether they should be allowed to have access to the hotel lobby through such door without the payment of additional consideration in the way of rental. The testimony [15]*15of the witnesses is in conflict as to what was said at various times on this subject-matter by Brown and by the plaintiffs, but it is not contended for plaintiffs that Brown at any time conceded to plaintiffs the right to have such door kept open and used under the terms of their lease with Chamberlain. The building was so far completed that plaintiffs took possession of their storeroom in February, 1904, before the other portions of the building were yet completed and put in use for hotel purposes in October following. In the meantime the door had been to some extent kept open and used by workmen, but plaintiffs had no occasion to make use of it in connection with their business and had not done so. When the hotel lobby was finished, this doorway was closed up by a blind door on the hotel side, and it has remained closed ever since. Plaintiffs’ lease was, by Chamberlain, assigned to Brown in November, 1904, and the final lease between Brown and Chamberlain for the use of the remaining portion of the building for hotel purposes was made in December. Plaintiffs’ rights are predicated upon the writings above referred to and upon a claim of an easement by implication or necessity.

Under these circumstances, it seems to us clear that if, in the preparation of the revised plans and in the construction of the building, no doorway between plaintiffs’ storeroom and the lobby of the proposed hotel had been provided for, there would have been no breach of contract, nor interference on the part of Chamberlain with any easement right of plaintiffs, and we think it clear also that the subsequent preparation -of plans which plaintiffs may have seen, showing a doorway between the storeroom and the hotel lobby and the construction of an opening for such doorway, did not confer any right upon plaintiffs to the use of a door connecting their storeroom with the hotel lobby. No contract right of plaintiffs has therefore been interfered with by defendant Brown in keeping closed, as against plaintiffs, the opening constructed between their storeroom and the lobby of the hotel, unless out of the contract relations between the plaintiffs and Chamberlain some easement by implication or necessity has arisen entitling plaintiffs to the use of such means of communication.

2. Same: easement II. With reference to the claim of an. easement, it must be observed that the right .of access to and from the lobby would necessarily imply a burden upon the use of the hotel lobby itself. It is not contended that any advantage would have inured to plaintiffs from the opening nnless persons were entitled to pass from plaintiffs’ storeroom into the hotel lobby and from the hotel lobby into the storeroom. The question then is whether the defendant Brown, in leasing the remaining portion of the building for hotel purposes, took subject to a servitude in [17]*17favor of plaintiffs as tenants of the storeroom. We are unable to see any basis on which such a servitude could rest. There was plainly no such servitude by reason of any strict necessity. Plaintiffs have enjoyed, and are still enjoying, ample means of access to their storeroom by the general public.

An easement by implication does not arise from considerations of mere convenience or advantage. If, at the time plaintiffs took a lease of their storeroom, it was apparent, from the construction of the building and the method of its use, that a communication with the hotel lobby was one of the advantages which would accrue to them from such lease, it may be that an implied agreement that such communication would continue would have arisen.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Walker v. Clifford
128 Ala. 67 (Supreme Court of Alabama, 1900)
Belser v. Moore
84 S.W. 219 (Supreme Court of Arkansas, 1904)
Ward & Co. v. Robertson
41 N.W. 603 (Supreme Court of Iowa, 1889)
Kane v. Templin
138 N.W. 901 (Supreme Court of Iowa, 1912)

Cite This Page — Counsel Stack

Bluebook (online)
138 N.W. 903, 159 Iowa 12, Counsel Stack Legal Research, https://law.counselstack.com/opinion/julius-a-bauer-co-v-chamberlain-iowa-1912.