Edwards v. Iola Gas Co.

Citations

• 65 Kan. 362
• 69 P. 350
• 1902 Kan. LEXIS 59

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Landlord and Tenant — Forfeiture for Non-payment of Rent —Time not the Essence of the Contract. While a stipulation in an oil and gas lease, providing for a forfeiture of the lease for nonpayment of rent reserved, is inserted for the benefit of the lessor, and is to be strictly construed for his benefit and protection, yet, where the time of payment of such rental is neither in express terms nor by necessary implication made of the essence of the lease between the parties, equity may excuse the default in payment, and will not declare a forfeiture and cancelation of the lease in a ease where it would be inequitable and unconscionable so to decree.</p> <p>2.- Sufficient Findings. Findings examined, and found sufficient,.in connection with a general finding in favor of the defendant, to excuse a refusal to enter a decree forfeiting the lease in controversy in this action.</p>