Cunningham v. Stockon
Supreme Court of Kansas
Appeal from Wyandotte district court; Edward L. Fischer, judge. STATEMENT. This action was brought by M. J. Cunningham to recover from the executors of L. D. Stoekon, deceased, money advanced by Cunningham on a lease dated July 1, 1905, under which Stoekon agreed to erect a theater of a size and quality described and let it to Cunningham for a term of five years, beginning at the completion of the building.
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Appeal from Wyandotte district court; Edward L. Fischer, judge. STATEMENT. This action was brought by M. J. Cunningham to recover from the executors of L. D. Stoekon, deceased, money advanced by Cunningham on a lease dated July 1, 1905, under which Stoekon agreed to erect a theater of a size and quality described and let it to Cunningham for a term of five years, beginning at the completion of the building. Stoekon was to keep the roof and outer walls in repair, but was not required to renew or repair any other part of the building. The lease contained this provision: “The said parties of the…
1Opinion of the Court
'The opinion of the court was delivered by
Johnston, C. J.:
Stockon undertook to erect and ■furnish a theater which would seat 750 persons, and •Cunningham agreed to rent the building for five years *785from completion at a monthly rental of $350, and evidently, as an assurance that he would keep the covenants of the lease, he agreed to, and did, pay Stockon $4200, which it was stipulated should be applied on the rent of the fifth year of the term. The $4200 was paid before the erection of the building was commenced, and, of course, many months before the possession of it could be given to…
2Cases cited6 opinions
- Michaels v. . FishelNew York Court of Appeals · 1902
- Caesar v. . RubinsonNew York Court of Appeals · 1903
- Chaude v. . ShepardNew York Court of Appeals · 1890
- Scott v. . MontellsNew York Court of Appeals · 1888
- Sutton v. GoodmanMassachusetts Supreme Judicial Court · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Yuen Suey v. FleshmanOregon Supreme Court · 1913
- Alvord v. BanfieldOregon Supreme Court · 1917
- Jennings v. First National Bank of Kansas CityMissouri Court of Appeals · 1930
- Miller v. MillerSupreme Court of Kansas · 1913
- Evans v. McClureSupreme Court of Arkansas · 1913
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