Henshaw v. Smith

Citations

• 102 Kan. 599
• 171 P. 616
• 1918 Kan. LEXIS 104

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contracts — Partly Valid — Partly Invalid — Enforcement. If a contract contains provisions some of which are valid and some of which are invalid, and the lawful matter can be readily severed from that which . is unlawful, the lawful portion of the contract will be upheld. (Fachler v. Ford, McMahon 21, 1 Kan. [Dass. ed.] 463, syl. ¶ 2.)</p> <p>2. Landlord and Tenant — Valuable Improvements by Tenant — Reimbursement — When Due. Where a tenant makes lasting and valuable improvements on a farm which the landlord agrees to pay for when the tenancy is terminated, the tenant’s right to reimbursement for the improvements is sufficiently mature to justify his cause of action when the landlord .leases the farm to another tenant and the latter is let into possession of part of the property.</p> <p>3. SawE — Limitation of Actions. The statute of limitations does not begin to. run until an obligation is due.</p> <p>4. Same — Limitation of Actions — Statute of Frauds. Where the time fixed for payment of an oral obligation is uncertain, but its maturity might have arrived within one year, and the promisee had fully performed his part of the obligation, the statute of limitations did not begin to run until the obligation matured, and the obligation was not repugnant to the statute of frauds.</p> <p>5. Same — Measure of Recovery. Where parties, by agreement, fix the measure of recovery due from the one to the other, their agreement governs, and abstract principles of law relating to the measure of recovery when agreements are wanting are inapplicable.</p>