Burchfield v. Brinkman

Citations

• 92 Kan. 377
• 140 P. 894
• 1914 Kan. LEXIS 237

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Warranty Deed — Breach—Tenant of Vendor in Possession —Measure of Damages. In an action on the covenants of warranty in a deed conveying certain hotel property, possession of which was withheld by the vendor’s tenant, who claimed to he in for a term of years, but who was in fact a mere tenant from month to month, it is held that the measure of damages was the loss occurring to the plaintiff as the natural, direct and proximate result of the breach which would include the necessary and reasonable expense of a forcible detention action which the plaintiff had brought to obtain possession, the attorney’s fee therein, and also what the possession of the tenant was fairly and reasonably worth.</p> <p>2. Lease — Conditional Option for Renewal — Conditions Fail— Tenant from Month to Month. A lease for a term of years with an option to remain for another like period, provided the terms and conditions are satisfactory to both parties, is not available by the tenant when the landlord at the expiration of the term informs him that the lease will not be renewed, that a sale of the property is desired, and he can remain only as a tenant from month to month.</p>