Peddicord v. Berk

Citations

• 74 Kan. 236
• 86 P. 465
• 1906 Kan. LEXIS 43

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Forcible Detainer — Notice to Leave, and Complaint — Inaccurate Description of Land — Partial Recovery. The notice to leave, preliminary to an action of unlawful detainer, and the complaint subsequently filed, did not correctly describe all the tracts of plaintiff’s land leased to the defendants. Held, that this did not bar a recovery of the tracts which were correctly described in the notice and complaint.</p> <p>2. -L Service of Notice to Leave. Such notice may be served by leaving a copy of it with some person ovér twelve years of age on the premises described in the notice, .and, on a demurrer to the evidence, where there is testimony that a copy was left with a person on the premises it will be deemed to be a legal service.</p> <p>3. Agency — Authority—General or Special. Authority to an agent to rent land does not authorize him to contract for the erection of buildings or the making of improvements.</p>