Brown v. Cairns

Citations

• 63 Kan. 584
• 66 P. 639
• 1901 Kan. LEXIS 190

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Landlord and Tenant — Abandonment. Where a tenant, before the expiration of the lease, abandons the leased premises without cause, the landlord may relet to another without creating a surrender by operation of law.</p> <p>2. —-Effect of Breach by Lessee. Covenants in a lease providing for its termination upon failure of the lessee to comply with specified conditions are for the benefit of the lessor only, . and the lessee cannot, by a breach of its covenants, abrogate the lease and thus secure advantage from his own default.</p> <p>3. -Petition in Attachment. In an action brought against a tenant by his landlord for rent before it was due, the petition contained allegations which would entitle plaintiff to an attachment, and the prayer asked for a writ of attachment against the property of the tenant. Held, that the petition stated a oause of action.</p>