Pyle v. Western Union Telegraph Co.

Citations

• 85 Kan. 24
• 116 P. 229
• 1911 Kan. LEXIS 7

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Contracts — Lease—Sublease—Duration. A clause in a lease authorizing the tenant to sublet, and to make such a lease as the subtenant may require, does not authorize him to execute a contract extending beyond the life of the original lease.</p> <p>2. - Cancellation of Lease — Ratification—Estoppel. Where by mutual agreement of the parties a lease is canceled before its expiration, and the lessor accepts from the lessee an assignment of a sublease purporting to extend beyond the life of the original lease, he does not thereby ratify the unauthorized portion thereof; nor is he precluded from demanding possession of the premises at the end of the original lease by the fact that in giving notice to the occupant of its termination he specifies a date slightly later than the actual time.</p> <p>3. - Tenant from Year to Year — ■Termination of Tenancy —Notice—Failure to Dispossess — Estoppel. Under the statute (Gen. Stat. 1909, § 4691) providing that when a tenant for one or inore years, with the assent of the landlord, continues to occupy the premises after the expiration of the term, he shall be deemed a tenant from year to year, such assent of the landlord is not shown by the fact that in a notice of the termination of the lease he names a date slightly later than the actual time, nor by the further fact that for several months he takes no steps to dispossess the tenant.</p> <p>4. Forcible Entry and Detainers-Notice — Laches. A delay of two months and a half in the commencement of an action of forcible entry and detainer, after the giving of the statutory notice thereof, is not necessarily fatal to the proceeding.</p>