Skinner v. Gibson

Citations

• 86 Kan. 431
• 121 P. 513
• 1912 Kan. LEXIS 313

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>I. Landlord and Tenant — Lease—Breach—Measure of Darn?-, ages. It is a general rule that damages may be recovered when they arise naturally- — -that is, according to the usual course of things — from the breach of a contract, or are such as may reasonably be supposed to have been in the contemplation of the parties at the time they entered into it.</p> <p>2. -Same. The growth of cattle and their increase in weight, under ordinary conditions of care and pasturage, are elements entering into the common business experience and observation of persons engaged in one of the great industrial pursuits of our people, and it must be presumed are ordinarily susceptible of reasonable estimate and calculation by those engaged in such business.</p> <p>3. -Same. Premises leased for pastura ge to a person engaged in the business of buying, selling, pasturing and marketing cattle were materially less in area than was represented by the lessor. The intended use was made known to the lessor when the lease was executed, and the deficiency was unknown to the lessee, who relied upon such representations in making such use of the premises. In the midst of the pasture season the deficiency was discovered, and efforts were made to obtain other pasturage, and a large part of the herd of over 900 cattle was removed to it, but sufficient pasturage could not then be obtained, and the growth of the cattle removed, as well as those remaining on the leased premises, was retarded, and there was a consequent loss in weight, amounting on an average to 150 pounds per head, and a loss in value of over $8 per head. It is held that the lessee, upon proper proof of these facts, should recover damages resulting from the failure of the cattle to grow and take on flesh, which were caused by the fact that the pasture contained materially less land than had been represented, and which losses could not have been avoided by a reasonably diligent effort to procure other pasturage.