[Download] "Dryden v. Rogers" by Supreme Court of Kansas # Book PDF Kindle ePub Free
eBook details
- Title: Dryden v. Rogers
- Author : Supreme Court of Kansas
- Release Date : January 06, 1957
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
The opinion of the court was delivered by This was an action to cancel and rescind a written lease on the
grounds of misrepresentation and fraud, and for restitution of
rent. Trial was had by the court, which rendered judgment for the
plaintiff. The defendant has appealed. We shall briefly summarize the evidence before the trial court,
as follows: The plaintiff, James Dryden, in answer to a
classified advertisement in a Wichita newspaper listing for lease
a Zesto soft ice cream stand, telephoned the owner, O.H. Rogers,
the defendant, and Dryden and his wife met Rogers at the stand
where they spent an hour discussing the stand, which Rogers said
was available at a monthly rent of either $250, or $180 plus a
percentage of the profits. During the conversation Rogers made
various statements to the Drydens to induce them to lease the
stand, and explained why it was vacant. These statements as
testified to by the Drydens, concerned the profits of prior
tenants, and Rogers said, "The fellow that was in here last year,
he had it on a percentage basis and in the month of June, of the
year before, the $180 plus percentage brought me $500 for the
month's rent." Rogers further stated this tenant had worked at
Steffens but had leased the stand for his two sons who did not
pay any attention to business and that he gave the stand up in
June, having made $7,000 during the three month's operations.
Rogers also said, "Another fellow that was in here bought a new
home and a car with the profit he made off of this place." Rogers
further stated to the Drydens that the stand had a good trade in
sandwiches and coffee during the winter months; that the rent he
was asking was the cheapest in Wichita, and that it was customary
for a tenant to pay in advance the rent for the three final
months of the lease term.