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CONTINENTAL BUILDERS, INC. v. LEACH

No. 51,905

5 Kan. App. 2d 766 (1981)

625 P.2d 5

CONTINENTAL BUILDERS, INC., Plaintiff-Appellant, v. WILLIAM H. LEACH, Defendant-Appellee.

Court of Appeals of Kansas.

Opinion filed March 13, 1981.

Attorney(s) appearing for the Case

Philip C. Lorton, of Kansas City, for the appellant.

No appearance for the appellee.

Before FOTH, C.J., PARKS and SWINEHART, JJ.

FOTH, C.J.:

Plaintiff Continental Builders, Inc., brought suit against its tenant William H. Leach for rent alleged to be due under a renewal of a written lease. At the close of plaintiff's case, the trial court sustained a motion to dismiss because the action was barred by the Statute of Frauds.

Plaintiff's evidence first showed a written lease of commercial property with the following pertinent clauses:

"[F]or a term of Twelve months beginning January...

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