Hurlbut v. Irwin

Citations

• 106 Kan. 563
• 189 P. 150
• 1920 Kan. LEXIS 604

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Landlord and Tenant — Action for Rent — Plea, of Payment — Plea Not Sustained by Proof. In an action for a balance of rent due on a farm in the lead and zinc district of Cherokee county, the tenant’s defense was that the landlord agreed that the tenant should have the use of the farm rent free for one year upon condition that he should procure some person or corporation which would develop a mine on the property. The tenant pleaded that he did procure one Jones “to begin the prospecting, development and mining on said premises.” The evidence did not sustain that defense. On appeal that defense is abandoned, and reliance is placed upon the success of the tenant’s efforts in securing another person, Davis, who leased the land for a year and did some drilling and prospecting thereon. Held, that since the defense pleaded was not established below, and is abandoned on appeal, and the defense now relied on fails to show that Davis developed the property into a mining venture as specified in the landlord’s promise to the tenant, the tenant wholly failed in his defense, and the landlord is entitled to judgment.</p>