Upham v. Head

Citations

• 74 Kan. 17
• 85 P. 1017
• 1906 Kan. LEXIS 2

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Petition — General Demurrer — Liberal Construction. Where a demurrer is filed to a petition on the ground that it does not state facts sufficient to constitute a cause of action, without first presenting a motion to have the allegations of the petition made more definite and certain, the statements of • such petition will be liberally construed in favor of the pleader.</p> <p>2. Landlord and Tenant — Repairs by Landlord — Notice of Defect. A landlord who at the request of his tenant undertakes to repair defects existing upon the leased property, and employs and directs a mechanic to do the work, is chargeable with knowledge of the manner in which the work is done.</p> <p>3. -Injury to Tenant — Damages. Where a landlord causes repairs to be made as above stated, and the work is negligently done, and the tenant, without fault on his part, is injured on account of such negligence, the landlord will be liable in damages therefor.</p>