Sallee v. Gilliland

Citations

• 104 Kan. 722
• 180 P. 763
• 1919 Kan. LEXIS 344

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Lease — Pasture Land — Overstocking Pasture — Injury to Sod — Measure of Damages. A lease contained the following provisions relating to use of pasture land: “The party of the second part hereby covenants and agrees: . . . not to permit the pasture on said land to be at any time overstocked so as to injure the sod; . '. . four acres per head for live stock to be the standard.”</p> <p>Held, the standard' of four acres per head was the rule for estimating overstocking to an extent which would injure the sod, and the damages recoverable by the landlord for breach of the covenant are limited to compensation for injury to the sod.</p>