Hardy v. LaDow

Citations

• 72 Kan. 174
• 83 P. 401
• 1905 Kan. LEXIS 327

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Practice, District Court — Prayer for Relief — Judgment. The demand of the plaintiff in his petition does not necessarily limit the court in the judgment which it may render. It is the case made by the pleadings and the facts proved, and not the prayer of the pleader, which measure the relief that the court may award.</p> <p>2. Contracts — Lease—Mistake—Reformation. A plaintiff alleged that the terms of a lease were agreed upon, but that advantage was taken of his infirmities and he was procured to sign a lease that did not conform to the agreement of the parties. He prayed for a cancelation of the leas.e, and there was also a prayer for general relief. Upon the testimony the court found that no fraud was intended, and that the nonconformity of the lease with the agreement was the result of an innocent mistake. Held, that it was within the power of •the court to reform the lease and make it conform to the understanding and agreement of the parties.</p>