Story v. McCormick

Citations

• 70 Kan. 323
• 78 P. 819
• 1904 Kan. LEXIS 45

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Landlord and Tenant — Stepdaughter Not Estopped from Claiming Bent. In an action brought to charge the estate of a decedent with the payment of rent for the use of a dwelling-house and several acres of productive land that had been occupied by him as a residence, in the absence of any express contract, or any contract implied in fact, the circumstances that the plaintiff, his stepdaughter, lived with him as a member of his family during the time for which rent is asked, and that until the end of the period she made no demand for rent, do not necessarily preclude a recovery; and it is held, that, under the facts of this case, it was proper to submit the question of liability to the jury.</p> <p>2. - Testimony of Plaintiff’s Intention Admissible. In such an action it was not error to permit the plaintiff to testify that she always expected to receive rent for the property.</p> <p>S. -Instructions Upheld. Under the evidence in this case it was not error to instruct that a recovery might be had if plaintiff had established by a preponderance of the evidence that defendant’s decedent occupied the premises in question with the consent of plaintiff, that there was no agreement as to whether rent should be paid or not, that plaintiff expected to receive rent, and that, in view of the conduct and relations of . the parties and the attending circumstances, defendant’s decedent did not have good reason to believe that he was not to pay rent.</p> <p>4. -Limitation of Action. In an action for the rent of property based wholly upon the gwcm-eontract arising by operation of law from the defendant’s occupancy of plaintiff’s property, without any express contract, or any contract implied in fact, no recovery can be had based upon such occupancy for any time more than three years prior to the commencement of the action.</p>