Rull v. Rainey

Citations

• 99 Kan. 57
• 160 P. 1016

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Landlord and Tenant — Covenant in Lease — Landlord to Remove Personal Property — Breach—Special Damages — Pleadings—Plaintiff Relieved from Duty to Lessen Damages. In an action by a tenant against his landlord to recover for breach of a covenant in a farm lease by which the landlord agreed to remove his personal property from the leased premises, held:</p> <p>(1) Special damages, which may be the natural and contemplated result of the breach of such a covenant, may be recovered where the plaintiff pleads the facts upon which he bases his right to recover such damages.</p> <p>(2) A petition, which after setting forth the covenant relied upon, alleged that defendant had wholly neglected and refused to remove certain feed in one of the silos upon the leased premises whereby plaintiff had been deprived of its use, although he had sufficient feed to fill the same and enhance its value, on account of which plaintiff claimed damages in the sum of $500, sufficiently alleged the facts on which to base a claim for special damages.</p> <p>(3) The evidence was sufficient to sustain a verdict and judgment for special damages.</p> <p>(4) Under the facts stated in the opinion, evidence of a threat by the defendant that if plaintiff removed defendant’s feed he would make trouble for the plaintiff, absolved plaintiff from any obligation to attempt to lessen his damages by removing or causing to be removed the old feed at his own expense.</p>