The Advocate and news., 1898-03-16
should be strictly construed against the

known TO the plaintiff; that because OF
such attempt a. policy then held by
the plaintiff In the Farmers Insurance
Company, insuring said property, had been
taken up and cancelled by said company,
which facts were concealed from the de-
fendant in making said application; that
by reason of said cOncealment and said
false statement so contained in said APP
plicatiOn the policy OF insurance so Issued
thereon was void, does not contain alle-
cations sufficient to constitute defense,
evidence Hereunder was rightfully sus-
tained.
All the Judges concurring.
A true copy.
Attest: W. II. GATES.
ISeaLl Clerk.
Kansas Court Of Appeals. Northern De-
partment, Central Division.
No. ia.
A. s. Houghton executor Of the estate
Of James Gardner, deceased, plaintiff In
error,
Ella Fowler Kittleman, defendant in error.
Error from the District Court of Riley
County.
REVERSED.
Syllabus
/ A person employed as hOusekeeper at
an agreed price per week, cannot recover
from the estate Of such employer, who
dies during the employment, Compensa-
ton for services as nurse, in addition to
her weekly wages as housekeeper, when
II does not appear that any agreement
was ever made to pay for such extra
services, or that the employer had any
knowledge that she expected to charge
therefor
p O. Where the undlsputed evidence in the
case was that one Of the items sued for
was for services rendered upon an express
contract, at an agreed rate per week, 1t
was reversible error for the court to In
struct the jury as a matter Of law, that
IL you find that the plaintiff did render
services for James +, Gardner during this
to recover from the defendant whatever
her services under the evidence are shown
to be fairly worth"
McElroy, J., concurring.
Mahan, +. j., dissenting.
A true copy.
Attest: W. II. GATES,
[Seal1 Clerk.
Kansas Court of Appeals Northern De-
partment, Central Division.
No. 277.
Nathan NJ Post, as administrator Of the
estate of Oscar A. Burton, deceased,
plaintiff in error,
VS..
Earnest Davis, defendant in error.
Error from Ellsworth County District
Court.
REVERSED.
Syllabus BY the Court. McElrOy, ].
1. A contract for the lease of lands made
in writing by kilograms and letters, where
there is nothing left for the parties eX-
cept to execute written lease, the mere
fact that such written lease was in con-
temptation does not relieve either of the
contracting parties from the responsibility
of the contract which was already eX-
pressed. And where one of the parties
without just reason, refuses to execute the
on their written propositions as originally
made In the letters and kilograms If
they constitute a contract In themselves,
the absence of the formal agreement con-
templated was not material.
2. The written lease contemplated was pre-
sented for execution, the plaintiff rendered
performance of all the requirements on
MS part, IHe IueHSuTe Oh udiIldBeS Is Ine
difference between the contract price for
the premises as agreed upon and the
amount the plaintiff was able to realize
out OF the property after he was notified
that the defendant did not intend to take
the pasture.
All the Judges concurring.
A true copy.
Attest: w. II. GATES,
[Seall Clerk.
------s---s
Kansas Court OF Appeals, Northern De-
partment, Central Division.
No. 2S7.
Z. NJ, Anderson, Sheriff, plaintiff in error,
VS..
Carrie G. Johnson, defendant in error
Error from Saline County District Court
REVERSED.
Syllabus, BY the Court. McElroy, J.