28 Kan. 262 | Kan. | 1882
The opinion of the court was delivered by
The conclusions of law found by the trial judge upon the findings of fact made by him, appear to us to be erroneous. Admitting that the tenant was entitled to the improvements erected by him upon the lot, this did not give him such an interest in the premises beyond that of a mere tenant as prevented the plaintiff from having restitution thereof by the action of forcible detainer.
The stipulation-in the lease “that in ease of failure of the lessor’s title to the- lot, payment was to be made for all the lessee’s permanantand valuable improvements thereon,” does not figure in this controversy, as there is no pretense that the lessor’s title failed, and in the absence of express agreement the landlord is not bound to pay for improvements made by the tenant during his term. Therefore, there is nothing in the conclusions of fact which forbade the lessor to take possession until he had paid the value of the improvements. Admitting for the purpose of argument that the cottage
The judgment of the district court must be reversed, and the case remanded with directions to the court below to render judgment upon the conclusions of fact in favor of the plaintiff.