[DOWNLOAD] "Crestview Bowl, Inc. v. Womer Constr. Co." by Supreme Court of Kansas " eBook PDF Kindle ePub Free
eBook details
- Title: Crestview Bowl, Inc. v. Womer Constr. Co.
- Author : Supreme Court of Kansas
- Release Date : January 24, 1979
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
The opinion of the court was delivered by This is an action for judicial determination of the rights and obligations of the parties under a written real estate lease. The declaratory judgment action was brought by the tenant, Crestview Bowl, Inc., who is plaintiff-appellee. The landlord-defendant, Womer Construction Co., Inc., counterclaimed for $24,971.52 allegedly due under the lease. The trial court entered findings and conclusions in favor of the tenant and the landlord appeals. The first issue before this court is the proper standard of review. The matter was submitted to the trial court on the oral statements and stipulations of counsel and documentary evidence. No witnesses testified. The proper standard of review, as we stated in Fourth Nat'l Bank & Trust Co. v. Mobil Oil Corp., 224 Kan. 347, Syl. ¶Â¶ 1 and 2, 582 P.2d 236 (1978), is as follows: When a case is submitted to the trial court on an agreed stipulation of facts and documentary evidence, this court is afforded the same opportunity to consider the evidence as the trial court. Where the controlling facts are based upon written or documentary evidence by way of pleadings, admissions, depositions and stipulations, the trial court has no peculiar opportunity to evaluate the credibility of witnesses. In such situation, this court on appellate review has as good an opportunity to examine and consider the evidence as did the court below, and to determine de novo what the facts establish. (Following American States Ins. Co. v. Hartford Accident & Indemnity Co., 218 Kan. 563, 572, 545 P.2d 399 [1976].) Accord, In re Estate of Broadie, 208 Kan. 621, 624, 493 P.2d 289 (1972); Koch, Administratrix v. Prudential Ins. Co., 202 Kan. 229, 447 P.2d 825 (1968); North River Ins. Co. v. Aetna Finance Co., 186 Kan. 758, 352 P.2d 1060 (1960).