Legal Opinion · Dissent

Estate of Link v. Wirtz

Court of Appeals of Kansas

Decided January 14, 1982No. 52,610Published

1DissentMcLaughlin, J.

The trial court held it would be unconscionable to extend the lease for an additional twenty years at the same rental rate. One definition of unconscionable, found in The Random House Dictionary 1541 (1966), is “. . . not in accordance with what is just or reasonable . . . .”

Generally, mere inadequacy of price or a change in the value of property from the date the parties entered into the contract to the time of the action will not preclude enforcement of the contract as inequitable. Hochard v. Deiter, 219 Kan. 738, 742, 549 P.2d 970 (1976); Sutherland v. Sutherland, 187 Kan. 599, 605, 358…

2Cases cited16 opinions

  1. Campbell Soup Co. v. LojeskiCourt of Appeals for the Third Circuit · 1948
  2. Munchak Corp. v. CaldwellSupreme Court of North Carolina · 1981
  3. Sutherland v. SutherlandSupreme Court of Kansas · 1961
  4. Barr v. DeiterSuperior Court of Pennsylvania · 1959
  5. Niquette v. GreenSupreme Court of Kansas · 1910

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