Martin v. Hamersky

Citations

• 63 Kan. 360
• 65 P. 637
• 1901 Kan. LEXIS 151

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Landlord and Tenant— Year to Year — Exception to Rule. The general rule of law that “when a tenant with the consent of the landlord, express or implied, holds over his term, the law implies a continuation of the original tenancy upon the same terms and conditions,’-' does not obtain in a case where the rent reserved in the original lease for the most part consists of the performance by the tenant of labor upon the premises, of such nature that, being once performed during the original term, becomes incapable of further performance by the tenant while holding over.</p>