Story v. Lang

Citations

• 87 Kan. 727
• 125 P. 72
• 1912 Kan. LEXIS 222

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Lease — Forfeiture—Tenant’s Right to Emblements. The purchaser of a tract of land agreed to give the owner for it a certain quantity of wheat within eleven years, and .that on each year he would deliver the wheat grown on the land, except so much as was necessary for seeding and to pay the expense of harvesting and threshing the crops, and that if the purchaser had not paid the stipulated quantity at the end of the eleven-year period he would pay the owner the balance due on the basis of fifty cents per bushel for the quantity not delivered. He was given possession of the land and raised several crops, hut had not complied with the conditions of the contract. While in possession of the land, although in default as to the payments, he rented it to tenants who put in a crop of wheat. After the crop was sown an action was brought by the owner against the purchaser to cancel the contract of sale and obtain possession of the land, in which the tenants were named and served as defendants. Three days before the harvesting of the crop was begun a judgment was rendered in the case decreeing a cancellation of the contract, the restoration of possession, and barring the defendants from claiming any interest in the land. Held, th'at the rights of the purchaser were not terminated until the contract of sale was canceled, and that the tenants under him were entitled to a tenant’s share of the crop which they had grown on the land while the action was pending.</p>