Baker v. Readicker

Citations

• 84 Kan. 489
• 115 P. 112
• 1911 Kan. LEXIS 358

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Record — Duty of Appellant to Have Stenographer’s Notes Transcribed, Certified, and Filed. While section 574 of the code does not expressly require that the party appealing to the supreme court, in a case tried in a court of record, shall direct the stenographer to transcribe and certify to the correctness of all of the' stenographer’s notes of the testimony and proceedings in the case and thus make such transcript, when filed in the court, a .part of the record, it is the only provision made for a record of the evidence in the case on appeal. Other provisions of the code assume the existence of such a record. It is, therefore, held to be the duty of the appellant to procure such transcript, or so much thereof as may be pertinent to his appeal, and have it made a part of the record before filing his abstract in this court.</p> <p>2. Contracts — Acceptance of Offer to Lease — Retention of Paper Tendered. Where two parties are negotiating for a lease of land by one to the other, and the lessee prepares a lease which the lessor declines, but the lessor prepares and signs another lease with some different provisions and stipulations and sends it by a third person to the lessee, who immediately refuses to execute it, but retains the paper and insists that the lease shall be as he prepared it, if at all, held, that the retention of such paper does not constitute a completion of the contract of lease on the tex’ms therein specified.</p>