Finnup v. Burnside

Citations

• 89 Kan. 229
• 131 P. 556
• 1913 Kan. LEXIS 47

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Lease — Including Permit to Use National Forest Reserve Lands —Lessee Liable for Rents. The plaintiff owned land which, was inclosed with other lands constituting a part of a national forest reserve. The proper authorities issued a permit to him to graze a designated number of cattle upon the government land so inclosed with his own, which permit was not assignable. The defendant leased the plaintiff’s land within the pasture for grazing ■ purposes for the season with the understanding that he was to have the benefit of the government permit so granted to the plaintiff. He then obtained a permit to graze an additional number of cattle upon the same government land and made preparations to occupy and use the pasture, but made no use of it because of the failure of his plan to procure cattle. The government regulations provide for forfeiting permits in case they are sold or transferred and also for the issuance of new pérmits where the original is abandoned by the permittee in favor of another. The defendant was not deprived of the use of the pasture by the government authorities but by his failure to obtain cattle, and is liable for the stipulated rent. A verdict for that amount is sustained by the evidence.</p>