Reports of Cases Argued and Determined in the Supreme Court of the State of Kansas Volume 90

Reports of Cases Argued and Determined in the Supreme Court of the State of Kansas Volume 90

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 edition. Excerpt: ... averted the damages or reduced the amount thereof. 5. LEASE--Clear and Unam.biguous--Not A fiected by Usage o'r Custom. A part of the counter claim set up in the original cross-petition was for water rent paid by the tenant for water furnished the building and used by the tenant. The written lease made no provision with respect to which party should pay for the water, but the answer alleged, and the jury found, that a custom, generally known and acquiesced in, prevails at Arkansas City, by which, in the absence of any agreement, the landlord pays for water furnished the tenant in case of the lease of a store building. Held, that the existence of the alleged usage or custom could impose no liability upon the landlord, nor could it create a contract where the parties have made none, and that proof of such usage is not admissible where the terms of the written lease are clear and unambiguous. Appeal from Cowley district court; GEORGE H. BUCKMAN, judge pro tem. Opinion filed October 11, 1913. Reversed. C. T. Atkinson, of Arkansas City, for the appellants. J. Mack Love, and C. W. Wright, both of Arkansas City, for the appellee. The opinion of the court was delivered by PORTER, J.: The plaintiffs brought suit to recover a balance of $61.45 claimed to be due as rent of a store building. The answer set up a claim of $137.45 on account of repairs made and damages to stock by reason of the defective condition of the premises, and also a further claim of $40 water rent, on the ground that a custom prevails in Arkansas City by which the landlord of business property, in the absence of any agreement, pays for the water furnished to the building and used by the tenant. The defendant asked judgment in his favor for $105.95. On July 6, 1910, a...show more

Product details

  • Paperback | 350 pages
  • 189 x 246 x 19mm | 626g
  • Rarebooksclub.com
  • English
  • Illustrations, black and white
  • 1236849817
  • 9781236849816