Jinnings v. Amend

Citations

• 101 Kan. 130
• 165 P. 845
• 1917 Kan. LEXIS 33

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Lease — Lessee to Live wpon Land — Partial Performance — Lessee Convicted and Incarcerated in Jail — Rescission of Contract — Compensation to Lessee. Where a written contract in the form of a three-year lease of farm land provides that the lessee shall reside upon it and cultivate it in a good and careful manner, raising wheat and delivering one-third of the crop to the lessor, and the lessee after doing considerable work on the place, but before sowing any wheat, is arrested on a charge of having committed a felony, and on conviction imprisoned in the county jail for about six months, the lessor is entitled to rescind the contract and take and retain possession of the land, notwithstanding the contract contains no provision giving a right of forfeiture or reentry for any fault of the lessee.</p>