Hawkinson v. Johnston

122 F.2d 724 (1941)

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Nature of the Case

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Facts

The lease at issue covered a vacant lot located in Kansas City, Missouri. It was made in 1909, for a period of 99 years, between P's devisor, as owner, and D and his brother, as lessees. On the death of the owner, D purchased a one-third interest in the title from one of the devisees. P was the devisee of the other two-thirds interest. The lease provided for rent on an annual basis, payable quarterly. P's two-thirds share of the rent for the unexpired term was $1,600 per annum. The lessees also were obligated to pay all taxes upon the property for the period of the lease. On June 14, 1940, D notified P in writing of their intention to surrender and abandon his interest in the premises on June 30, 1940. The next quarterly installment of rent was due on July 1, 1940. P promptly replied that a surrender would not be accepted and he would hold D liable for their full term. On June 30th, D posted a notice on the property that they had surrendered and abandoned the premises to P. P made demand for his share of the quarterly rent installment due July 1st. P brought this action against D. The trial court held that the repudiation constituted a total breach of the contract of lease, and that, under the evidence, damages were determinable or predictable with reasonable certainty for a period of ten years. Judgment was entered against D in the total amount of $13,357.52, from which he has appealed. P appealed from the refusal of the trial court to fix the determinable or predictable period of damages at more than ten years.