Steinman v. John Hall Tailoring Co.

Citations

• 99 Kan. 699
• 163 P. 452

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Agency — Established by the Evidence. The evidence touching the authority of one holding himself out as an agent is examined and found sufficient to sustain his agency.</p> <p>2. Lease. — Abandonment—Mitigating Damages — Duty of Landlord. The plaintiff declared on a written lease for one year with the privilege of extending to five, an abandonment after paying two month’s rent, and failure to return the keys. The prayer was for the rent for the remainder of the year. The proof showed the receipt of two month’s rent from a subsequent tenant. The verdict was for less than the difference between a year’s rent and the four months collected for. The answer denied indebtedness and denied the relation of landlord and tenant. There was neither allegation nor evidence of the plaintiff’s failure to use reasonable diligence to mitigate damages. Held, not error to refuse instructions on such failure.</p>