Kautz v. Shrimplin

Citations

• 110 Kan. 703
• 205 P. 628
• 1922 Kan. LEXIS 130

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Landlord and Tenant — Lease—Possession to Be Surrendered in Case of Sale— Action in Ejectment — Damages for Detention. The plaintiff claimed to have rented a farm to the defendant, the contract being that in case of sale during the term or ninety days before the end of any current year he was to notify the defendant who was to surrender possession the next March and be paid for any seeding or plowing he had done before receiving such notice. He alleged such sale and notice, demand for statement of any claim for seeding or plowing and the defendant’s failure to make claim and refusal to surrender possession. In a second cause of action he alleged a rental value of sixty dollars a month and asked judgment therefor “by reason of said defendant having retained possession of said land.” He added a third cause and alleged damages by reason of the detention and asked judgment for 31,000 in addition to the monthly rental of sixty dollars. The answer was a general denial. Before trial was had the proceeds of the wheat crop raised during the current year were ordered paid into court. Judgment was after-wards recovered for possession, and 3500 for damages. Instead of appealing •from the judgment the plaintiff moved that the proceeds of the wheat crop be paid to him. Held, the trial court properly denied such motion.</p>