Fry v. Kilborn

Citations

• 94 Kan. 52
• 145 P. 826
• 1915 Kan. LEXIS 42

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contract — Sale of Land — Land Leased by Vendee — Sublet by Lessee Without Landlord’s Assent — Default of Vendee— Forfeiture — ■Vendor Entitled to Growing Crops. The defendant owned a farm and made a contract of sale to McKee • with’ a provision for forfeiture without noticé if McKee failed to make the payments in accordance with the contract. McKee took possession and farmed the place for one year, and then made a lease to Britton for one year beginning March 1, 1913, and Britton sowed a crop of wheat in the fall of 1912. The written lease contained a provision that' Britton should not sublease the land without the written consent of the landlord. In February, 1913, without the consent of the landlord he sold the growing crop' of wheat to the plaintiff and assigned to the latter his interest in the lease and abandoned the premises. McKee being in default in payment of principal and interest, the defendant took possession and appropriated the proceeds of the crop. The plaintiff sued to recover the tenant’s share of the wheat. Held, that by the provisions of section 4700 of the General Statutes of 1909, as well as by the terms of the lease under which the plaintiff claims, 'he coüíd’ acquire no interest by the transfer without the written consent of the landlord, and that the defendant had the right under his contract to take possession of the premises and declare a forfeiture for the nonpayment of the principal and interest.</p>