# Kuiken v. Garrett

> Supreme Court of Iowa · January 8, 1952 · 243 Iowa 785

URL: https://www.frixlaw.com/law-library/cases/9690249

## Case

- **Full name:** Gerrit Kuiken Et Ux., Appellees, v. Julian Garrett Et Ux., Appellants
- **Court:** Supreme Court of Iowa
- **Decided:** January 8, 1952
- **Citations:** 243 Iowa 785; 51 N.W.2d 149; 41 A.L.R. 2d 1397; 1952 Iowa Sup. LEXIS 388
- **Precedential status:** Published
- **Opinion:** Concurrence by MulroNey
- **Judges:** Thompson, Bliss, Garfield, Maettz, Oliver, Wennerstrum, Mulroney, Hays, Smith
- **Cited by:** 73 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9690249

## How later opinions describe it (automated extraction)

- noting that "a landlord has a right to attempt to oust his tenant, if he thinks he has just grounds therefor; and in such case he is not to be held liable for damages if he fails," but, otherwise, malice may be found

## Opinion text

MulroNey, J.
(specially concurring)- — I concur in all but Division I. I would affirm Judge Prall’s ruling on the motion 1o dismiss on the ground he stated: that the amended and substituted petition contained substantially different averments. The first petition was interpreted by Judge Vincent as an action for malicious prosecution. In the second it was specifically pleaded that the action was for breach of contract including breach of the covenant for quiet enjoyment.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9690249. Public record. Not legal advice.