Concrete Accessories Co. v. Moses

I fully agree with most of the holdings and the result of the majority opinion but write only to suggest a more direct and straightforward analysis of the issues framed. First, when the tenant with consent continues to occupy leased premises after expiration of the term, tenant is deemed to be a tenant from year to year. K.S.A. 58-2502. Second, the general rule in Kansas is that when a tenant holds over with the consent of the landlord, express or implied, the law implies a continuation of the original tenancy upon the same term and conditions. Becker v. McFadden, 221 Kan. 552, 555, 561 P.2d…