Stewart v. Murphy

Citations

• 95 Kan. 421
• 148 P. 609
• 1915 Kan. LEXIS 230

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Pleadings — Inconsistent Causes of Action — Raised for First Time on Appeal. An objection, that causes of action set out in a petition are inconsistent, not called to the attention of the trial court, will not be considered when presented for the first time in this court.</p> <p>2.. Lease — Implied Covenant for Peaceable Possession. As against a lessor, or any one holding under him, a covenant of quiet enjoyment of the premises is implied in a lease silent on that subject.</p> <p>3. Same — Breach — No Possession Given — Damages — Loss of Profits. Loss of profits, when they can be ascertained, is a proper measure of damages where by the act of a lessor the tenant is deprived of the use and occupation of the premises covered by the lease.</p> <p>4. Same — Former Tenant — In Rightful Possession. A lessee, working upon the leased premises on the first day of his term, does not thereby obtain possession thereof, where the premises are in the rightful possession of a prior tenant.</p> <p>5. Same — Verdict and Judgment Sustained. There is nothing in this case to indicate that the verdict Was given under mistake, or the influence of passion or prejudice, nor that the verdict and judgment are contrary to the evidence.</p>