WILLIAMS v. SAFEWAY STORES, INC.

No. 44,641

198 Kan. 331 (1967)

424 P.2d 541

M.M. WILLIAMS and WAYNE COULSON, Trustees, Appellants and Cross-Appellees v. SAFEWAY STORES, INCORPORATED, a Corporation, Appellee and Cross-Appellant, and HILL BROS. DISTRIBUTORS, INC., a Corporation, Appellee.

Supreme Court of Kansas.

Opinion filed March 4, 1967.


Attorney(s) appearing for the Case

Robert T. Cornwell, of Wichita, argued the cause, and Wayne Coulson, Paul R. Kitch, Dale M. Stucky, Donald R. Newkirk, Gerrit H. Wormhoudt, Philip Kassebaum, John E. Rees, Williard B. Thompson, David W. Buxton, John T. Conlee, John Prather, Richard I. Stephenson and Hugo T. Wedell, all of Wichita, were with him on the brief for Appellants and Cross-Appellees.

Darrel D. Kellogg, of Wichita, argued the cause, and W.A. Kahrs, Robert H. Nelson, H.W. Fanning, Richard C. Hite, Roger Sherwood and Richard L. Honeyman, all of Wichita, were with him on the brief for Safeway Stores, Incorporated, Appellee and Cross-Appellant.


The opinion of the court was delivered by

FROMME, J.:

This action was brought to cancel a forty year written lease on a commercial building in Wichita, Kansas. The lessee had operated a grocery on the premises and later subleased the premises to be operated as a shoe store. The lessor sought cancellation on the ground the lease was ambiguous and subject to an implied covenant which restricted the subleasing.

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