Skinner v. Davis

Citations

• 104 Kan. 467
• 179 P. 359
• 1919 Kan. LEXIS 291

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Landlord and Tenant — Lease for Three Years. A written lease for one year, with the privilege of three years, is, if the privilege be exercised, a lease for three years.</p> <p>2. Same — Lease Void Under StaLtte of Frauds. An oral lease for one year, with the privilege of five years, is void under the statute of frauds.</p> <p>3. Same — Void Oral Lease — Valid Written Lease — Possession Under Valid Lease. A tenant in possession under a written lease took an oral lease, void under the statute of frauds, and planted wheat on the premises, all before the expiration of the written lease. Held, his possession and use of the land must be referred to the valid, and not to the void, lease.</p>