Willey v. Goulding

Citations

• 99 Kan. 323
• 161 P. 611

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Unlawful Detention — Defendant Claiming Under New Lease — Evidence — Letters of Landlord — Case for Jury. The evidence in an action for unlawful detainer held to have a tendency to show that a letter was written- by the owner of real estate to his agent containing an offer to rent it to the occupant for a stated amount; that the letter was shown to the occupant, who notified the agent that he accepted the offer; and that the relations of the parties was such that notice to the agent was equivalent to notice to the principal.</p> <p>2. Same — Contract for Lease — Not Affected by Subsequent Ineffectual Negotiations. Assuming the facts to be established as indicated in the preceding paragraph, a completed contract resulted, which was not affected by a subsequent request by the tenant for the execution of a formal lease containing new terms, so long as he did not insist upon them as a condition to the performance on his part of the original agreement.</p> <p>3. Same — Memorandum in Writing — Letter Signed by Owner of Premises. A sufficient memorandum in writing to satisfy the statute of frauds may consist of a letter from the owner of real estate to his agent, offering to lease it on stated tferms, followed by an oral acceptance by the tenant.</p>