Tredick v. Birrer

Citations

• 109 Kan. 488
• 200 P. 272
• 1921 Kan. LEXIS 302

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Landlord and Tenant — Oral Lease — To Begin in Future — Void, • — • Statute of Frauds. An oral contract to lease a tract of farming land for one year, where the term is to begin at a future date, is void under the statute of frauds.</p> <p>2. Same — Tenant Holding Over After Lease Expires — Entitled to Thirty Days’ Notice to Quit. Where a tenant enters a tract of farming land under a written lease for á year, and is permitted by his landlord to’ occupy the property after the expiration of the term, such tenant by operation of law becomes a tenant-from year to year; and, as such, he is entitled to thirty days’ notice to quit prior to the expiration of the then current year.</p> <p>3. Same — Badly Framed Pleadings — Nature of Action — Forcible Detention — Estoppel■ Where the pleadings, chiefly through the fault of plaintiff, are so badly framed that the cause of action (between a landlord and his tenant) cannot be tried under them, and a stipulation is entered into between the parties that the cause may be tried as a possessory action (in forcible detention), the defendant is not estopped to'invoke the proper legal defense thereto, merely because in the discarded pleadings he had relied on another and insufficient defense.</p> <p>4. Same — Expiration of Lease Definitely Fixed — Notice to Quit Unnecessary. Where a tenant by an oral contract rents a tract of land for a year, and the term thereof isi definitely fixed, his right to occupy the property ceases absolutely at the end of his term, and no notice to quit is necessary to terminate his tenancy. ■</p>