Borgen v. Wiglesworth

The opinion of the court was delivered by

Parker, C. J.:

This is an action in which plaintiffs (lessors) seek to enjoin defendants (lessees) from the use made of the leased premises. The district court denied the injunction and plaintifEs have appealed.

On April 1, 1957, the plaintiffs leased to the defendants certain land, then outside the limits of the City of Lawrence, Kansas. The lease provided:

“Witnesseth that parties of the first part in consideration of payment of rents and taxes being paid by parties of the second part and in further consideration of the construction of a building for…