Klepper v. Stover

The opinion of the court was delivered by This is an appeal, in a suit to construe a lease and reform the legal description of certain real property, from the trial court's order of April 2, 1963, overruling defendants' motion to strike paragraphs No. 10 and No. 11 of plaintiff's first cause of action set out in his second amended petition, and its order of May 14, 1963, overruling defendants' demurrer to the same pleading. On February 22, 1963, plaintiff filed his second amended petition alleging in pertinent part that he had obtained all the interest of the lessee in the twenty-five year lease executed and delivered to Edward F. Murray, Jr., on June 5, 1954, by decedent, Henry B. Stover, and his then wife; on October 25, 1954, Murray assigned the lease to William H. Kendall, who, on September 20, 1957, assigned it to the Citizens State Bank of Randolph, Kansas, and on January 20, 1961, the bank assigned the interest to plaintiff. The interests of defendants, as reflected in the above title of the case, were then explained in more detail. The legal description recited in the lease was erroneous, it did not describe the premises the parties intended to be leased, or that they intended to have described therein. The lease reads,