Marks v. Chumos

Citations

• 82 Kan. 562
• 109 P. 397
• 1910 Kan. LEXIS 306

Syllabus

<p>SYLLABUS BY, THE COURT.</p> <p>1. Statute op Frauds — Lease for More than a Year Signed by One Partner Only — Obligation of the Firm. Where one of two partners enters into a contract in writing for the lease of a building for a term of three years, for the benefit of the firm, although the contract is made only in the name of one, and is signed by him as the lessee and by the lessor, and the partners thereafter enter into the possession of the leased property and occupy it for a time, the lease is the written contract of the partner who did not sign the same as well as of the partner who did sign it.</p> <p>2. - — • Lease for More than a Year — Oral Assignment by Lessee — Oral Agreement by Assignee to Comply with Terms. Where a contract of lease for a term of three years is executed by one person as lessee and by the lessor, and the lessee takes possession of the property and occupies it. for a time under the terms of the lease, and thereafter sells all his stock of merchandise in the building leased and all his rights under the lease to a third person, by oral agreement only, and such third person enters into the possession of the property and occupies it for a considerable time and orally agrees with the lessor to comply with all the terms of the lease, and for several months pays the rent in accordance with the terms of the lease, the lease becomes the written contract of such third person.</p>