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STOPPEL v. MASTIN

No. 48,071

220 Kan. 667 (1976)

556 P.2d 394

LEON STOPPEL, F.C. BRUNGARDT and TWILA BRUNGARDT, Appellees, v. C.R. MASTIN, Appellant.

Supreme Court of Kansas.

Opinion filed November 6, 1976.

Attorney(s) appearing for the Case

Douglas C. Spencer, of Oakley, argued the cause, and Corwin C. Spencer and James A. Spencer, also of Oakley, were with him on the brief for the appellant.

J. Stephen Nystvonger, of Garden City, argued the cause, and Lelyn J. Braun, of Garden City, was with him on the brief for the appellees.

The opinion of the court was delivered by

SCHROEDER,, J.:

The question presented by this appeal concerns the rights of a landlord and his new tenant to the idle ground, where the lease of a holdover tenant on a year-to-year basis is terminated by proper notice. The land in question was being farmed by the holdover tenant on a summer fallowing basis whereby one-half of the ground is seeded to wheat every other year...

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