Miller v. Sullivan

Citations

• 77 Kan. 252
• 94 P. 266
• 1908 Kan. LEXIS 253

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Landlord and Tenant — Breach of Covenant to Repair-Measure of Damages. The general rule is that on a breach of the covenant by the landlord to make repairs the measure of damages is the difference between the rental value of the premises as they were and what it would have been if they had been put and kept in repair.</p> <p>2. - Notice of Defects — Ineffectual Effort to Repair■ — • Damages. The foregoing rule is not of universal application, and where the tenant gave seasonable notice to the landlord, and the landlord made continual, although ineffectual, efforts to repair, the tenant may recover for damages to goods in his storeroom on the leased premises, when the extent of such damage is shown with reasonable certainty, all vague and speculative claims being withdrawn.</p>