Legal Opinion · Dissent

Grey v. Schmidt

Supreme Court of Kansas

Decided July 21, 1978No. 48,729Published

1DissentSchroeder, C.J.

The provisions of K.S.A. 58-2505 and K.S.A. 58-2506 in my opinion are clear and unambiguous, and I refuse to attribute stupidity to the legislature in the construction of these statutes.

The court, in effect, in construing the foregoing statutes says that all oral farm tenancy leases in the State of Kansas are annual leases from March 1 to March 1. This is erroneous and is not in accord with our history of farm tenancy law. In Kansas the production of wheat is a major farm commodity produced by the seeding of winter wheat in the fall, usually in the month of September or October. Millions of…

2Cases cited6 opinions

  1. Bank of Denton v. JeschSupreme Court of Kansas · 1917
  2. Kohn v. BabbSupreme Court of Kansas · 1969
  3. Fox v. FlickSupreme Court of Kansas · 1949
  4. Becker v. McFaddenSupreme Court of Kansas · 1977
  5. Stoppel v. MastinSupreme Court of Kansas · 1976

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